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Dunglisori's  American  Medical  Library. 

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ON   THE 


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1°    <^ 


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ENLISTING, 

\  C*    .    \     < 

DISCHARGING  AND  PENSIONING 


SOLDIERS, 


TVITH 

THE  OFFICIAL  DOCUMENTS  ON  THESE  BRANCHES  OF 
MILITARY  DUTY. 


BY 

HENRY»MARSHALL,  F.  R.  S.  EL 
U-      \\ 

DEPUTY  INSPECTOR-GENERAL  OP  ARMY  HOSPITALS. 


FROM  THE   SECOND  LONDON  EDITION. 

WITH  THE 

REGULATIONS  FOR  THE  RECRUITING  SERVICE  IN  THE 

ARMY  AND  NAVY  OF  THE  UNITED  STATES, 

AND   A  PREFACE. 

BY  W.  8.  W.  RUSCHENBERGER,  M.  D. 

Surgeon  U.  S.  Navy  ;  Fellow  of  the  College  of  Physicians  of  Philadelphia; 
Surgeon  of  ihc  U.  f.  Naval  Rendezvous,  Philadelphia,  &c.  &x 


PHILADELPHIA: 

PUBLISHED  BY  A.  WALDIE,  46  CARPENTER  STREET. 

1840. 


/ 


PREFACE. 


In  the  following  pages  I  have  endeavoured  to  give  a  practical 
commentary  on  the  regulations  which  have  been  issued  in  regard 
to  the  duty  of  examining  recruits,  and  the  discharging  of  disabled 
soldiers;  and,  in  the  execution  of  this  design,  my  principal  aim 
has  been  to  explain  the  practice  of  carrying  the  rules  into  effect — 
not  to  argue  their  policy,  or  to  suggest  reforms;  to  narrate,  rather 
than  to  discuss.  In  a  financial,  a  political,  and,  perhaps  I  may  add, 
in  a  medical  point  of  view,  I  am  not  aware  of  any  part  of  the  duty 
of  a  medical  officer  which  is  of  more  importance  than  the  inspec- 
tion of  recruits  on  a  large  scale,  and  the  examination  of  inefficient 
soldiers;  and,  consequently,  these  duties  deserve  a  very  careful 
consideration. 

Should  this  manual  contribute,  in  however  small  a  degree,  to  the 
compilation  of  a  comprehensive  work  on  military  hygiene,  includ- 
ing a  treatise  on  the  duties  of  medical  officers,  I  shall  be  much 
gratified.  In  the  simple  but  expressive  language  of  Sir  John 
Pringle,  it  may  be  asked,  "  What  inquiry  can  be  so  useful  as  that 
which  hath  for  its  object  the  saving  of  the  lives  of  men?;'  "  The 
prevention  of  diseases,"  he  very  justly  observes,  "cannot  consist  in 
the  use  of  medicines."  To  preserve  the  health  of  soldiers,  and  to 
promote  their  efficiency  in  all  climates,  and  under  the  various  cir- 
cumstances of  peace  and  war,  are  highly  important  objects  which 
should  engage  not  only  the  attention  of  government,  but  the  care- 
ful study  of  both  military  and  medical  officers.  There  is,  I  fear, 
too  much  truth  in  the  following  observation  of  Vaidy:  "  Tant  qua 
les  penples  seront  gouvernes  par  des  hommes  et  que  les  hommes 
auront  des  passions,  la  guerre  sera  tin  mol  inevitable."  "  Peace" 
says  Segur,  "  is  the  dream  of  the  wise ;  war  is  the  history  of 
man." 

I  am  under  many  obligations  to  Sir  James  M'Grigor,  for  his 
liberality  in  offering  me  permission  to  examine  the  valuable  docu- 
ments in  the  record  room  of  the  medical  department  of  the  army, 

mar  1* 


IV  PREFACE. 

for  the  purpose  of  gleaning  materials  for  my  volume ;  and  I  take 
this  opportunity  of  sincerely  thanking  him  for  his  kindness,  of 
which  I  should  have  been  most  happy  to  take  advantage,  had  I 
been  a  resident  in  London. 

From  my  worthy  friends,  Major  Tulloch  and  Dr.  Balfour,  Assist- 
ant Staff-surgeon,  I  have  received  rnueh  assistance  in  revising  the 
proof-sheets ;  and  I  avail  myself  of  the  present  occasion,  with  great 
pleasure,  to  return  them  my  grateful  thanks. 

H.  M. 

EDINBURGH,  June,  1839. 


CONTENTS 


PART  I. 

ON  THE  ENLISTING  OF  SOLDIERS. 

Page 

Enlistment,  of  recruits,         .-  .  .  .  .  .  •  .1 

Stature,  weight,  and  circumference  of  the  chest  of  recruits,      .  .  • 

Class  of  the  population  from  which  recruits  are  procured,  .         .£'._  •       5 

Minimum  and  maximum  age  of  recruits,  .....  9 

Instructions  for  the  guidance  of  medical  officers  in  the  duty  of  examining  re- 
cruits — Object  of  the  instructions — Disabilities  which  disqualify  men  for  the 
army,  ..........  14 

1.  Feeble  constitution,  &c.       .  .  .        >;«.      »*/.  t          •  16 

2.  Weak  or  disordered  intellect,  .  .  .        .t:  •  •    20 

3.  Chronic  cutaneous  affections,          .  .  .  ... 

4.  Severe  injuries  of  the  bones  of  the  head,          .  .  .  .20 

5.  Impaired  vision,       ....  .-•    .        .  • 

6.  Deafness,  .  .  .  .  .  .  .21 

7.  Loss  of  many  teeth,  .          ,^:».;     <.'»«'•    •>.  <*  j.        .  • 

8.  Impediment  of  speech,  .  .  .  ..$«*"         .22 

9.  Want  of  due  capacity  of  the  chest  (heart),  .        t.G..£ 

10.  Inadequate  efficiency  of  the  superior  extremities,         .  .  .23 

11.  Curvature  of  the  spine,        .....        '.-i».v          •          24 

12.  Hernia, 25 

13.  Disease  of  a  testicle,  ......          26 

14.  Inadequate  efficiency  of  the  inferior  extremities,          .  .  .27 

15.  Ulcers,  cicatrices,  &c.         *••          .  . 

16.  Traces  of  corporal  punishment,  .        .  "?:» y?        .        £•  .30 

17.  Diseases  requiring  medical  treatment,        .  ,v        ...  30 
Routine  of  examination,       .             .          "v'»-            .             .             .             .  .31 

Mddical  boards  on  ineligible  recruits,     ...... 

Importance  of  the  duty  of  inspecting  recruits,        .  .  .  .  .36 

Form  of  returns,  .  .  .  ...  .  .  .41 

Obscure  and  doubtful  disabilities,     .  .  .-.-,.  .  .43 

Efficiency  required  for  different  branches  of  the  service,  ...          43 

NOTES  AND  ILLUSTRATIONS. 

NOTE  I.  Form  of  attestation,  .  .          •  /  .  .  .  .45 

II.  Evidence  of  the  Duke  of  Wellington  in  regard  to  a  better  class  of  re- 
cruits, ........          48 

III.  Influence  of  uge  on  the  mortality  of  troops,          .  .  .  .48 

IV.  Recruits  required  for  the  British  army,  .  .  .         •    ., 

V.  Circular  letter  respecting  J?a</<'e£  and  broad  ftel,  .  .  .50 

VI.  On  the  examination  and  the  rejection  of  recruits,         .'       *..•  f          ...    . 

VII.  Town  and  country  recruits,  .  .  .  .  . ..          .61 

VIII.  Contribution  to  statistics  of  the  depots  of  recruiting  district*,  .          62' 


VI  CONTENTS. 

PART  II. 

ON  THE  DISCHARGING  OF  SOLDIERS. 

Page 

General  order,  1st  January,  1838,  .... 

On  the  duty  of  discharging  disabled  soldiers,  .  . 

Examination  of  alleged  inefficient  soldiers,  .  .  .  .74 

Diseases  and  disabilities  which  disqualify  soldiers  for  service  in  the  army,       81 
CLASS  I.  Diseases  of  the  eyes — Total  or  partial  loss  of  vision. 

1.  Ophthalmia, 

2.  Amaurosis,       ...... 

3.  Cataract,  .....  .86 

II.  Diseases  or  impaired  function  of  the  ear. 

1.  Deafness  and  deaf-dumbness,  .  ... 

III.  Diseases  of  the  organs  of  respiration  and  circulation. 

1.  Stammering,  .  .  .  .  .  .  •     f 

2.  Consumption,  asthma,  dyspnoea, 

3.  Haemoptysis,          .  .  .  .  .  .  .90 

4.  Diseases  of  the  heart  or  large  blood-vessels,    . 

5.  Varicose  veins,      ...... 

IV.  Diseases  or  impaired  function  of  the  organs  of  digestion. 

1.  Visceral  turgescerice  (Physconia), 

2.  Chronic  disease  of  the  livrr,  .... 

3.  Vomiting,  .  .  .  .  .  .  .95 

4.  Bowel  complaint,         ......          96 

5.  Hernia,      .....  .96 

V.  Diseases  and  lesions  of  the  gcnito-urinary  organs. 

1.  Diseases  of  the  testicles,  .  •  ,         •  •  .99 

2.  Incontinence  of  urine,       .  .  .  .  .  .99 

3.  Calculus  vesicac,  ......         100 

VI.  Diseases  and  lesions  of  the  skin  and  cellular  membrane. 

1.  Ulcers,        .  .  .  .  .  .  .  .100 

2.  (Edema— Swelled  leg,  .....         102 
VII.  Diseases  and  impaired  function  of  the  organs  of  locomotion. 

1.  Rheumatic  pains,  ......  104 

2.  Lameness — Old  fractures,        .....         106 

3.  Deformity  of  the  spine,     ......  108 

4.  Contractions,  .  .  .  .  .  .         109 

5.  Mutilations,  .  .  .  .  .  .  .114 

6.  Wound* 119 

VIII.  Diseases  and  lesions  of  the  lymphatic  system,  and  of  the  constitution 

generally. 

1.  Scrofula,  ...  .  .  .  .120 

2.  Cachexy,  .......         121 

3.  Dropsies,    .  ..  .  .  ,  .  .  .122 

4.  Worn  out,         .  / .  •         .  .  .  .  .122 
IX.  Diseases  and  lesions  of  the  nervous  system. 

1.  Palsy,  general  or  partial,  .....  123 

2.  Epilepsy,  .  .  .  .  .  .  .128 

3.  Menial  alienation — Weakness  of  intellect,  .  .  .  131 
X.  Moral  disabilities,         .             .            .             .             .             .             .138 

NOTES  AND  ILLUSTRATIONS. 

NOTE  I.  Intemperate  language— Coercive  measures,  ....  140 

II.  Statistics  of  hernia,       .  .  .  142 


CONTENTS.  VII 


PART  III. 


PENSIONING  OF  SOLDIERS. 


I.  Military  pensions  —  Chelsea  hospital  —  Out-pensioners,  .  .  .  144 

II.  Pensioning  warrant  1629,  ......         155 

1.  Division  of  pensions  into  four  classes,  .        ,•.*,/         .  •  155 

a.  Length  of  service,        ......         156 

4.  Wounds  received  in  action,  .  .  .  ,  .  159 

e.  Disabilities  contracted  after  fourteen  years'  service,     .  .         159 

d.  Disabilities  under  fourteen  years*  service,  .  .  .160 

2.  Special  cases  of  debility,  .  .  .  .  .161 

3.  Forfeiture  of  pension,  .  .  .  .  .  .162 

4.  Commutation  of  pension,  .  j.  ....  .         167 

5.  Rules  in  recording  service,        .  .  .  .  .  .167 

6.  Conditions  under  which  discharges  may  be  obtained,          .  .         169 

7.  Deductions  to  which  a  pensioner  is  liable,  '"""  .  .  .  .  178 

III.  Warrant  regulating  the  grant  of  pensions,  allowance,  and  relief  to  soldiers 

on  their  discharge  from  the  army  (7lh  February,  1833),          .  /        179 

1.  Permanent  pensions,     .......  180 

2.  Temporary  pensions,  or  gratuities  in  lieu  thereof,  •.  .         184 

3.  Discharges  by  indulgence,        ......  185 

4.  Rewards  for  meritorious  conduct,  ....         186 

5.  General  provisions,        .  .  .  .  .  ,  .187 

IV.  Warrant  (18lh  August,  1836),      ......         191 

V.  Instructions  consequent  upon  his  majesty's  warrant  of  the  18lh  August, 

1836,  (13lh  September,  1836,)        .  .  .  .  .  .195 

VI.  Good  conduct  warrant  (9th  May,  1839),  .  .  .  .196 

NOTES  AND  ILLUSTRATIONS. 

NOTE  I.  Diet  table  .of  the  pensioners  in  Chelsea  hospital,    .  .  .  .204 

Hotel  des  Invalides  and  Chelsea  hospital,          .  .  .  .     •    204 

II.  Recruiting  of  the  army,  and  the  medical  examination  of  recruits,  .  205 


ADDITIONAL  CONTENTS. 

Preface  to  American  ediiion,  .  .  .  .  .  .  ix 

Regulations  for  the  recruiting- service  of  the  navy,         .  .  .  .          xiii 

Regulations  for  the  enlistment  of  boy?  in  the  navy,  .  .  .  xv 

Remarks  on  the  fourth  article  of  the  regulations  for  the  recruiting  service  of  the 
navy,  .  .  .  .  .  .  ...         xvii 

Regulations  for  the  discharge  of  persons  from  the  naval  service,    .  .  .    xix 

Regulations  for  the  general  recruiting  service  of  the  army  of  the  United  States,         xx 
Pensions,  .  .  ...  .  .  .  .  .         xxx 

Opinion  of  the  attorney  general  on  the  description  of  disability  which  entitles  the 
claimnnt  to  a  pension,  ^.  .  .  .  .  .  .        xxxi 

"  Total  disability"  understood  to  apply  to  the  nature,  and  not  to  the  extent  of  dis- 
ability in  certain  cases,  .  .  .  .  .  .     xxxiii 

Surgeon's  affidavit,          ........      xxxiv 

Rules  of  evidence  relative  to  invalid  pensioners',  .  .  .  .      xxxvi 

Letter  from  the  commissioner  of  pensions  to  the  secretary  of  the  navy,  .    xxxvii 

Proposed  pensioning  regulations,  ._-»,.  .  .  .     xxxix 

Naval  Asylum,    .  .  .  .  .  -..'".  '.'.•'  .••'       xli 

Proposed  alteration  in  the  pension  laws,          •     ,  .          •".''-,  *•;'"      xlii 

Remarks  on  granting  pension  ccitificatep,          .....        xliii 


PREFACE  TO  THE  AMERICAN  EDITION. 


The  great  value  of  the  work  of  Mr.  Marshall,  to  medical  and 
other  officers  of  the  army  and  navy,  will  at  once  be  perceived,  after 
perusing  the  very  meagre  regulations  which  have  been  issued  from 
the  war  and  navy  departments,  to  be  observed  in  the  medical  inspec- 
tion of  recruits.  Arid  when  it  is  remembered  that  physicians  and 
surgeons  in  private  practice  may  be  called  upon  for  certificates  to 
excuse  men  from  serving  in  the  militia,  as  well  as  to  obtain  pen- 
sions, it  will  be  a.Jmitted  that  the  editor  of  "The  American  Medi- 
cal Library  and  Intelligencer"  deserves  thanks  for  placing  this 
work  within  the  reach  of  the  profession  of  the  United  Slates. 

In  order  to  render  the  work  more  useful  to  the  medical  and  other 
officers  of  the  army  and  navy  of  the  United  States,  I  have  added 
the  few  regulations  which  are  now  in  force  for  enlisting,  discharg- 
ing, arid  pensioning  men  in  our  own  service.  For  copies  of  these 
regulations  I  am  indebted  to  the  politeness  of  the  HON.  J.  K. 
PAULDING,  Secretary  of  the  Navy,  and  to  UR.  THOMAS  LAWSON, 
the  Surgeon-general  of  the  Army. 

The  inspection  of  recruits,  both  for  the  army  and  navy,  involv- 
ing as  it  does  the  consideration  of  the  interests  of  the  government 
and  of  individuals,  which  are  often  conflicting,  is  perhaps  the  most 
important  and  difficult  duty  which  the  surgeon  is  called  upon  lo 
perform.  (See  page  36.)  Men  who,  through  vice,  dissipation,  or 
misfortune,  find  it  difficult  to  obtain  a  livelihood  from  private 
patronage,  are  very  apt  to  seek  employment  in  the  army  or  navy, 
often  with  the  sole  view  of  obtaining  medical  attendance,  and  ulti- 
mately an  asylum  or  pension  ;  and  even  when  the  greatest  caution 
and  circumspection  are  observed,  some  unworthy  and  inefficient 
individuals  gain  admission  into  the  service.  Nor  is  this  very  sur- 
prising, when  we  consider  that,  prompted  by  their  interests,  recruits 
resort  to  every  means  within  their  knowledge  to  deceive  the  in- 
specting officer,  whose  examination  is  generally  limited,  for  each 
recruit,  to  ten  or  fifteen  minutes — a  period  much  too  short  to 
ascertain  the  qualities  of  a  horse,  in  which  the  most  astute  and 
wary  jockey  may  be  deceived. 

The  requisite  qualifications  of  men  for  the  army  and  navy  are 
nearly  the  same,  except  that,  in  the  latter,  personal  appearance  and 
a  certain  stature  are  not  indispensable;  hence  the  rules  applicable 
to  the  inspection  of  men  for  one  branch  of  the  service  apply,  gene- 
rally, with  equal  force  to  the  other. 

9— b  mar  2* 


X  PREFACE  TO  THE  AMERICAN  EDITION. 

It  is  self-evident  that  men  who  are  perfect  in  structure,  and  whose 
organs  are  in  the  healthful  exercise  of  their  several  functions,  are  to 
bo  preferred  for  the  naval  service ;  hut  as  those  persons  who  ofl'er 
ns  recruits  are  frequently  marked  by  some  blemish,  arising  from 
the  exposures  to  which  their  manner  of  life  renders  them  obnox- 
ious, it  becomes  a  serious  consideration  to  estimate  with  what  do- 
gree  of  ability  less  than  perfect  a  man  may  be  useful  in  the  service. 
Experience  has  taught  that  certain  imperfections  of  physical  and 
moral  constitution  entirely  destroy  the  fitness  of  an  individual  for 
the  performance  of  nautical  duties.  Upon  most  of  these  points 
medical  opinion  is  definite,  and,  what  is  more  important,  it  is  uni- 
form. There  are,  however,  points  upon  which  medical  officers  in 
the  navy  do  not  agree ;  and  these  opinions,  I  believe,  in  many 
instances,  are  swayed  by  the  exigencies  of  the  service. 

Although  it  may  be  argued  that  no  rule  can  be  formed,  of  so 
definite,  a  character  as  to  dispense  with  the  deliberate  exercise  of 
the  judgment  of  the  inspecting  officer,  it  is  nevertheless  true  that 
certain  differences  of  opinion,  on  the  eligibility  and  ineligibility  of 
recruits,  might  be  settled  by  an  order,  and  thereby  an  approxima- 
tion to  uniformity  be  produced  which  does  not  now  exist.  For 
example,  in  the  minds  of  some  surgeons,  goriorrhcea,  recent  vene- 
real sores,  (which  are  so  common  amongst  sailors  recently  dis- 
charged from  vessels  of  war  after  a  cruise,)  scars  from  wounds, 
slight  deformities  from  fractures,  even  where  there  is  no  evidence 
of  loss  of  power  of  limb,  are  sufficient  causes  to  reject,  not  only 
individuals  offering  for  the  first  time,  but  also  those  who  offer  after 
Jiaving  served  many  years;  in  cases,  too,  where  the  men  have  only 
a  few  days  previously  completed,  satisfactorily  to  the  officers  under 
whom  they  may  have  served,  the  term  of  their  enlistment.  The 
reason  assigned  for  this  decision,  so  prejudicial  to  the  service  when 
men  are  scarce,  is,  that  the  period  necessary  for  the  cure  of  some 
of  the  above  named  affections  is  uncertain  ;  yet  the  medical  officers 
who  entertain  these  views  would  not  consider  any  of  the  above 
disqualifying  causes  in  a  raw  recruit,  sufficient,  when  occurring  in 
a  veteran,  to  entitle  him  to  pension,  smart-money,  or  other  gratuity. 
Military  custom  in  almost  all  countries  has  established  as  a  prin- 
ciple that  previous  services  give  an  individual  a  claim  to  serve 
again,  and  in  this  way  receive  a  remuneration  for  his  corporeal 
wear  and  tear,  as  well  as  for  having  lost  in  the  public  service  his 
aptness  to  pursue  advantageously  his  peculiar  vocation  under  pri- 
vate patronage.  Notwithstanding  this  principle  strongly  influences 
the  medical  officer  in  estimating  a  recruit,  under  the  present  regu- 
lations, he  is  often  at  a  loss  to  determine  to  what  extent  he  should 
permit  the  above  consideration  to  have  weight  in  making  up  his 
opinion,  because  the  regulations  have  no  retrospective  principle 
expressed  or  implied  in  them. 

The  want  of  some  definite  regulation  which  shall  have  the  effect 
of  establishing,  as  far  as  the  subject  will  permit,  a  uniformity  of 
opinion  among  medical  officers  themselves,  upon  the  eligibility  and 


PREFACK  TO  THE  AMERICAN  EDITION.  XI 

ineligibility  of  recruit?,  subjects  this  branch  of  the  service  to  many 
unnecessary  difficulties.  Such  a  regulation  is  required  to  prevent 
an  individual  who  has  been  rejected  at  one  rendezvous  from  being 
accepted  at  another,  as  well  as  to  guard  against  passing  at  a  ren- 
dezvous an  individual  who  may  be  considered  unfit  for  the  service, 
when  he  is  subjected  to  a  second  or  third  inspection,  at  another 
station. 

If  this  subject  should  be  confided  to  the  deliberate  consideration 
of  a  board  of  experienced  medical  officers,  as  lias  been  suggest- 
ed to  the  navy  department  as  long  ago  as  August,  1831,  and 
more  recently,  in  the  past  year,  I  feel  confident  that  regulations 
would  be  formed  to  obviate  most,  if  not  all,  the  difficulties  which 
arise  from  the  cause  here  alluded  to.  It  is  no  reflection  upon  any 
one  to  remark,  that  this  subject  should  be  confided  to  medical  offi- 
cers exclusively,  because  none  other  than  those  who  possess  a  com- 
petent knowledge  of  anatomy,  physiology,  and  pathology,  can 
reasonably  be  expected  to  form  practically  efficient  regulations, 
which  entirely  depend  upon  this  kind  of  information  for  their  prin- 
ciples and  application.  The  force  of  this  remark  will  be  more 
apparent  upon  reading  the  fourth  article  of  the  regulations  for  the 
recruiting  service  of  the  navy. 

With  a  desire  to  hasten  the  collection  of  recruits,  doubtful  cases 
are  sometimes  approved,  which  would  not  occur  if  all  doubts  should 
be  cast  against  the  recruit.  And  this  should  be  the  general  rule, 
because  the  interests  of  the  service  are  best  consulted  by  enlisting 
only  those  who  are  calculated  to  be  efficient;  some  exception  may 
be  made  in  favour  of  veterans  who  have  received  blemishes  in  the 
service.  The  extent  of  this  exception  must  rest  with  the  judgment 
of  the  recruiting  officers,  who  should  be  careful  to  exclude  all  who 
may  be  entitled,  in  any  considerable  degree,  to  the  benefits  of  the 
pension  laws.  Recommendations  from  officers,  no  matter  how  high 
may  be  their  rank,  should  never  influence  the  decision  of  the  in- 
specting officer,  who  is  required  to  certify  as  to  the  soundness  of  an 
individual  in  his  bodily  and  mental  condition ;  nor  should  officers 
who  give  recommendations  consider  themselves  slighted  when  they 
learn  that  men  have  been  rejected,  notwithstanding  the  favourable 
testimonials  which  they  may  have  furnished.  I  have  heard  of  men 
being  shipped  at  the  instance  of  a  captain  in  the  navy,  who  were 
afterwards  found  to  be  ruptured.  The  officer  was  of  course  im- 
posed upon. 

I  sent  a  man  home  from  on  board  of  the  U.  S.  Ship  Falmouth 
at  Rio  de  Janeiro,  in  1831,  who  twice  imposed  himself  upon  the 
recruiting  officers  with  a  fistula  in  perineo  of  several  years'  stand- 
ing, for  which  he  had  been  unsuccessfully  treated  at  several  civil 
hospitals.  This  could  not  have  occurred  had  the  recruit  been  sub- 
jected to  the  routine  examination  prescribed  by  Mr.  Marshall,  (see 
page  31,)  which  should  in  no  case  be  omitted.  When  it  is  neglect- 
ed, the  benevolence  of  the  inspecting  officer  is  very  apt  to  subject 


Xll  PREFACE  TO  THE  AMERICAN   EDITION. 

him  to  imposition,  and  consequently  to  reprimand  from  the  head  of 
the  department. 

The  re-enlistment  of  unfit  and  unworthy  persons,  (in  the  service 
of  the  United  States,  men  engage  for  periods  not  exceeding  five 
years,)  might  be  prevented  to  some  extent  by  adopting  a  form  of 
certificate  of  discharge,  similar  to  that  on  page  72,  and  establishing 
a  rule  that  no  man  shall  be  re-entered  who  does  not  produce  a  cer- 
tificate of  discharge. 


REGULATIONS 

For  the  Recruiting  Service  of  the  Navy 

ARTICLE  I. — As  the  appointment  of  officers  to  attend  to  the 
recruiting  service  is  intended  not  only  to  hasten  the  collection  of 
recruits  for  the  navy,  but  to  guard  against  the  enlistment  of  im- 
proper, unsound,  or  incompetent  persons,  they  are  to  give  strict 
and  constant  attendance  to  their  duties  at  the  rendezvous.  The 
junior  officers  who  may  be  ordered  upon  ihis  duty  are  intended  as 
assistants  to  the  command  inor  officer,  and  not  to  act  as  his  substi- 
tutes, except  in  cases  where  he  is  unable  to  attend  by  reason  of 
sickness,  or  when  absent  on  leave  with  the  sanction  of  the  depart- 
ment. Under  all  other  circumstances,  he  will  be  expected  to  attend 
daily  at  the  rendezvous,  morning  and  evening,  and  to  personally 
question  the  persons  offering  to  enter,  examine  into  their  qualifica- 
tions, and  determine  whether  they  may  enter  or  not,  and  in  what 
capacity  or  rating. 

ARTICLE  II. — Recruiting  officers  shall  enter  no  boy  under  thir- 
teen years  of  age  without  the  consent  of  his  parent  or  guardian,  if 
any  such  may  be  found:  nor  any  landsman  over  twenty-five  years 
of  age,  unless  he  shall  have  a  knowledge  of  some  mechanical  trade 
which  will  be  useful  on  board  a  vessel,  nor  any  landsman  having 
such  mechanical  trade,  unless  he  is  under  thirty-five  years  of  age. 
No  person  is  to  be  entered  as  ordinary  seaman  unless  he  shall  have 
been  at  sea  at  least  two  years,  nor  as  seaman  unless  he  shall  have 
been  at  sea  at  least  five  years. 

ARTICLE  III. — Recruiting  officers  are  not  to  enter  persons  as 
petty  officers,  excepting  for  yeoman,  master  at  arms,  armourer, 
cooper,  carpenter's  mates,  ship's  stewards,  officers'  steward,  officers' 
cook,  or  master  of  the  band  :  nor  must  he  enter  any  of  these  ratings, 
or  boys  to  serve  until  they  are  twenty-one  years  of  age,  except  by 
the  special  order  or  permission  of  the  commander  of  the  station. 
Free  blacks  or  other  free  coloured  persons  are  only  to  be  entered 
by  the  approbation  of  the  commander  of  the  station. 

ARTICLE  IV. — The  surgeon  or  other  medical  officer  who  may 
be  appointed  to  examine  persons  offering  to  enter,  or  upon  their 
first  joining  a  receiving  or  other  vessel  after  enlistment,  shall  not 
certify  to  the  fitness  of  any  person  unless  he  shall  be  of  sound  mind, 
possess  the  power  of  seeing  arid  hearing  distinctly,  and  have  no 
serious  impediment  of  speech — have  the  free  use  of  his  muscles  and 
joints — the  proper  use  of  his  hands  and  feet — be  free  from  external 
and  internal  tumours,  and  from  all  cutaneous  diseases  and  ihronic 
ulcers — nor  if  his  appearance  indicates  the  presence  of  or  danger 
from  consumption,  scrofula,  or  dangerous  diseases  from  the  effects 


XIV  RECRUITING  SERVICE 

of  intemperance  or  other  causes — nor  if  known  to  he  subject  to 
epilepsy  or  similar  diseases.  If  persons  should  be  entered  for  par- 
ticular stations  as  petty  officers,  with  ruptures,  or  other  injuries, 
which,  in  the  opinion  of  the  medical  officer  and  commander  of  the 
station,  may  not  interfere  with  the  proper  performance  of  their  du- 
ties, those  injuries  are  to  be  fully  described  and  carefully  noted  on 
all  the  descriptive  lists  containing  the  names  of  those  persons,  that 
no  improper  claims  for  pensions  may  be  subsequently  allowed  on 
account  of  such  injuries. 

ARTICLE  V. — Recruiting  officers  shall  cause  the  shipping  arti- 
cles to  be  read  to  every  person  before  such  person  signs  them:  nor 
shall  they  allow  any  person  to  sign  such  articles  when  intoxicated: 
nor  shall  they  enter  any  person  known  to  have  been  convicted  of  a 
felony;  nor  is  any  slave  ever  to  be  entered  for  the  naval  service, 
or  to  form  a  part  of  the  complement  of  any  vessels  of  war  of  the 
United  States. 

ARTICLE  VI. — Recruiting  officers  shall  make  no  advance  of  pay, 
nor  give  any  bounty,  except  by  express  order  from  the  secretary  of 
the  navy,  or  of  the  officer  under  whose  orders  he  may  be  placed; 
and  in  all  cases  of  making  advances,  the  amount  advanced  to  petty 
officers  shall  not  exceed  the  amount  authorised  for  seamen,  and  he 
is  to  take  good  security  for  the  same,  until  the  person  receiving  it 
shall  have  been  duly  received  and  mustered  on  board  the  receiving 
vessel,  or  some  other  vessel  of  the  United  States. 

ARTICLE  VII. — Recruiting  officers  shall  not  pay  over  any  ad- 
vance money  or  bounty  except  to  the  person  entitled  to  receive  the 
same,  nor  until  he  shall  be  found  fit  for  service;  and  they  are,  if 
possible,  to  induce  the  men  to  repair  on  board  with  their  effects, 
and  to  receive  the  amount  of  their  advance  in  clothing;  and  other 
necessaries  from  the  vessel,  in  which  case  the  recruiting  officer  is 
to  give  the  necessary  information  to  the  commander  of  the  receiv- 
ing vessel,  and  will  be  excused  from  taking  security.  When  an 
advance  is  to  he  made,  the  recruiting  officer  shall  take  care  that 
each  person  furnishes  himself  with  one  good  suit  of  thick  clothing, 
two  frocks  or  shirts,  a  pair  of  shoes,  a  pair  of  stockings,  hat  and 
handkerchief,  as  nearly  of  the  navy  pattern  as  possible,  or  as  many 
of  these  articles  as  can  be  procured  with  two  thirds  of  their  advance, 
and  that  the  articles  are  sent  on  board  with  them. 

ARTICLE  VIII. — Recruiting  officers  must  produce  receipts  for 
the  amounts  advanced  from  the  persons  to  whom  they  make  ad- 
vances or  pay  bounty,  a  receipt  for  the  individual  from  the  com- 
manding officer  of  the  vessel  on  board  which  they  may  be  sent,  and 
a  certificate  from  the  purser  of  such  vessel  that  he  has  received  lists 
showing  the  rating,  the  date  of  entry  and  term  of  service,  and  the 
amounts  advanced  to  the  individuals  respectively,  before  he  can 
receive  credit  for  the  advances  made. 

ARTICLE  IX. — Recruiting  officers  shall  not  receive,  without  the 
sanction  of  the  commanding  officer  of  the  station,  more  than  one 
thousand  dollars  at  anyone  time,  which  they  may  obtain  by  requisi- 


OF  THE  U.  S.   NAVY.  XV 

tions  upon  the  navy  agent  when  duly  approved  by  the  senior  officer 
in  command  of  the  port  or  station,  who  shall  not  approve  such  re- 
quisition unless  satisfied  that  the  amount  asked  is  required  for  the 
public  service. 

ARTICLE  X. — The  recruiting  officer  must  report  weekly  to  the 
secretary  of  the  navy,  and  to  the  commander  of  the  station,  the 
number  of  men  he  may  have  entered,  and  the  amount  of  money 
remaining  in  his  hands,  as  per  form  annexed  and  marked  A. 

ARTICLE  XI. —  No  recruiting  rendezvous  is  to  be  opened  in  the 
United  States  without  the  order  or  consent  of  the  secretary  of  the 
nnvy;  commanders  of  vessels  may,  however,  when  at  places  where 
there  is  no  rendezvous,  fill  small  deficiencies  in  their  complement 
by  entering  men  on  board  their  vessels  after  the  required  examina- 
tion by  medical  officers;  but  no  advance  in  money  is  to  be  given, 
and  no  allowance  will  be  made  to  officers  who  enter  men  in  this 
manner,  as  no  responsibility  or  risk  is  incurred. 

J.  K.  PAULPING. 

Navy  Department,  1st  July,  1839. 

These  regulations  were  drawn  tip,  under  the  provisions  of  an 
act  of  Congress,  dated  May  19,  1832,  by  a  board  of  captains  in  the 
navy,  over  which  the  late  Commodore  John  Rodgers  presided.  It 
seems  necessary  to  state  this  fact  here,  that  it  may  not  be  supposed, 
the  ignorance  displayed  in  the  fourth  article  is  characteristic  of  the 
medical  officers.  I  fear  it  is  a  weakness  in  some  of  the  grades  in 
the  navy  to  put  no  credence  in  the  maxim— non  omnia  possumus 
omnes — or  they  would  not  expose  themselves  by  writing  on  such 
medical  topics  as  are  purely  professional. 

REGULATIONS 

For  the  Enlistment  and  Employment  of  Boys  who  may  be  en- 
tered to  serve  in  the  Navy  until  they  arrive  at  the  age  of 
ticenty  one  years. 

In  the  enlistment  of  boys  to  serve  until  twenty-one  years  of  age, 
as  authorised  by  the  act  of  Congress  approved  on  the  second  day 
of  March,  1837,  none  are  to  be  entered  who  shall  be  under  thirteen 
or  over  sixteen  years  of  age,  and  who,  after  careful  examination 
and  inquiry,  shall  not  be  deemed  of  sound  constitution,  good  health, 
and  free  from  all  injuries,  defects,  or  disease,  which  would  be  likely 
to  render  them  unfit  to  perform  the  duties  which  are  expected  from 
them. 

No  boy  is  to  be  entered  who  shall  have  been  convicted  of  any 
criminal  or  disgraceful  offence,  or  who  shall  have  been  sent  to  any 
house  of  correction  or  refuge,  or  other  place  of  punishment. 

No  advances  are  to  be  made  by  the  recruiting  officer  to  the  boys 
who  may  enter,  or  to  their  parents  or  guardians:  but  such  clothing 
and  other  articles  as  may  be  necessary  to  their  comfort,  will  be  fur- 


XVI  RECRUITING  SERVICE 

nished  upon  the  order  of  ihe  commanders  of  the  receiving  vessels 
when  they  repair  on  board  for  duty. 

Whenever  it  cnn  be  ascertained  that  a  boy  wishing  to  enter  has 
a  parent  or  guardian  whose  presence  can  be  obtained,  such  parent 
or  guardian  must  sign  his  or  her  name  in  the  proper  column  of  the 
shipping  articles,  as  evidence  of  his  or  her  assent  to  the  enlistment. 

When  the  parent,  or  guardian  cannot,  be  present,  and  can  be 
referred  to,  they  must  sign  duplicate  certificates  of  assent  in  pre- 
sence of,  and  to  be  certified  by  some  justice  of  the  peace,  or  other 
magistrate,  according  to  a  form  which  will  be  furnished,  one  of 
which  certificates  must  be  transmitted  to  the  secretary  of  the  navy 
with  the  monthly  reports  of  the  recruiting  officer,  and  the  oilier 
sent  to  the  commander  of  the  receiving  vessel,  to  be  transferred 
with  the  account  of  the  boy  from  one  vessel  to  another,  whenever 
he  is  transferred  himself. 

At  the  time  of  their  enlistment  they  are  to  be  rated  as  of  the 
second  or  third  class  boys,  according  to  their  age,  size,  and  qualifi- 
cations. 

The  pay  of  boys  of  the  third  class  shall  be  five  dollars  a  month, 
and  the  pay  of  boys  of  the  second  class  shall  be  six  dollars  a  month. 
First  class  boys  to  receive  seven  dollars. 

When  they  cannot  be  attached  to  vessels  in  commission,  they 
shall  serve  on  board  some  one  of  the  three  large  receiving  vessels. 

They  are  to  be  supplied  under  the  immediate  direction  of  the 
commander  of  the  vessel,  with  such  articles  of  clothing  and  other 
necessaries  as  may  contribute  to  their  health  and  comfort:  but,  after 
the  first  supply,  the  amount  which  may  be  due  to  them  is  on  no 
account  to  be  exceeded;  on  the  contrary,  it  is  desirable  that  they 
should  have  as  large  an  amount  due  to  them  as  possible  at  the  ex- 
piration of  their  service. 

They  are  not  to  be  allowed  to  draw  the  spirit  part  of  their  ration, 
nor  to  receive  tobacco,  but,  on  the  contrary,  they  are  to  be  en- 
couraged, and  required  if  possible,  to  abstain  from  the  use  of  both. 

Whenever  their  rate  of  pay  will  allow  it,  they  may  allot  to  a  parent 
such  amount  as  shall  not  reduce  the  amount  left  for  their  own  use 
below  six  dollars  a  month,  nor  more  than  one  half  their  pay,  when 
the  half  shall  exceed  six  dollars  a  month. 

They  shall  receive  no  part  of  their  pay  for  their  personal  use 
until  their  discharge,  excepting  for  clothing  and  necessaries  as 
herein  before  provided,  and  occasional  small  advances  in  money, 
under  direction  of  their  commander,  for  the  purchase  of  articles 
conducive  to  health,  and  for  small  expenses  when  permitted  to  go 
on  shore  on  liberty;  care  must  be  observed,  however,  that  this  in- 
dulgence is  not  abused. 

Every  commander  of  a  vessel  in  which  any  of  these  boys  may 
serve,  shall  cause  them  to  be  well  instructed  in  reading,  writing, 
and  arithmetic,  and  to  be  employed  on  all  such  duties  which  they 
may  be  competent  to  perform,  as  may  give  them  a  thorough  know- 


OF  THE  U.  S.  NAVY.  XVII 

ledge  of  seamanship,  and  best  qualify  them  to  perform  the  duties  of 
seamen  and  petty  officers.     * 

They  are  never  to  be  required  or  permitted  to  attend  as  waiters 
or  servants  to  the  officers  whenever  there  are  other  persons  present 
who  can  properly  perform  those  services. 

As  an  inducement  for  exertion  and  a  reward  for  good  conduct, 
all  persons  enlisted  under  this  provision  shall  be  eligible  to  promo- 
tion in  the  same  manner  as  other  persons  of  the  ship's  company,  as 
vacancies  may  occur,  and  their  qualifications  and  conduct  may 
merit:  but  all  such  promotion  of  boys  shall  be  gradual  and  regular 
from  third  to  second,  and  from  second  to  first  class  boys,  landsmen, 
ordinary  seamen,  seamen,  and  petty  officers;  and,  on  the  other 
hand,  they  shall  also  be  subject  to  a  reduction  of  rating,  like  all 
other  persons,  for  neglect  or  misconduct. 

If  they  shall  serve  the  full  term  of  their  enlistment  in  a  manner 
satisfactory  to  their  respective  commanders,  they  shall,  upon  their 
discharge,  receive  a  certificate  stating  the  length  of  such  service, 
and  time  served  in  each  rating,  and  the  opinion  which  is  then  en- 
tertained of  their  conduct,  qualifications,  and  merits. 

Should  they  subsequently  wish  to  re-enter  the  service,  and  pro- 
duce to  the  recruiting  officer  a  certificate  of  good  conduct  while 
serving  under  their  first  enlistment,  such  officer  shall,  if  men  are 
required,  and  there  shall  be  no  objection  on  the  score  of  health  or 
other  disqualification,  give  a  preference  to  them  over  persons  who 
have  not  previously  served  in  the  navy. 

Should  any  of  them  give  decided  evidences  of  the  talents  and 
conduct  which  might,  by  proper  attention  and  cultivation,  make 
them  valuable  boatswains,  gunners,  or  masters  for  the  navy,*  they 
are  to  be  specially  reported  to  the  secretary  of  the  navy,  and  the 
commander  of  the  vessel  shall  give  all  proper  facilities  to  advance 
their  instruction. 

At  the  expiration  of  their  service,  or  at  their  regular  discharge, 
they  shall  receive  the  amount  which  may  then  be  due  to  them. 

These  regulations  to  be  subject  at  all  times  to  such  alterations 
and  modifications  as  the  secretary  of  the  navy  for  the  time  being 
may  deem  necessary  or  expedient,  and  it  is  to  be  understood  that 
they  form  no  part  of  the  agreement  between  the  United  Slates  arid 
the  other  parties,  all  of  which  are  contained  in  the  shipping  articles. 
By  order  of  the  President, 

J.  K.  PAUL  DING, 

Secretary  of  the  Navy. 

Navy  Department. 

It  will  be  perceived  that  a  very  small  part  of  these  regulations 
apply  to  the  duties  of  the  medical  officer;  and  even  this  small  part 
is  liable  to  several  objections.  The  fourth  article  of  the  regulations 

*  A  proposition  has  been  submitted  to  Congress  to  appoint,  in  future,  one 
fourth  of  the  midshipmen  of  the  navy  from  amongst  the  apprentices. 


XVIII  RECRUITING  SERVICE 

for  the  recruiting  service  of  the  navy  provides  against  enlisting  any 
man  who  shall  not  "  possess  the  power  of  seeing  and  hearing  dis- 
tinctly ;"  but  it  is  very  clear  that  a  recruit  might  be  short-sighted, 
might  have  lost  one  eye,  the  function  of  one  ear,  together  with  both 
external  ears,  and  still  be  within  the  expressed  terms  and  meaning 
of  the  regulation.  I  do  not  doubt,  officers  may  be  found  who  do 
not  think  the  loss  of  one  eye  a  disqualifying  blemish,  although 
such  a  loss,  if  sustained  in  the  service,  would  be  considered  by  them 
ample  grounds  for  claiming  a  pension. 

He  shall  have  "  no  serious  impediment  of  speech." 

The  very  slightest  habitual  impediment  of  speech  is  serious. 
because,  tinder  excitement,  the  difficulty  increases,  and  almost 
always  at  times  when  rapid  and  unhindered  utterance  is  required. 

A  recruit,  may  have  "the  free  use  of  his  muscles  arid  joints,"  and 
still  be  very  inefficient  from  inequality  in  the  length  and  size  of  his 
limbs,  or  from  a  disproportion  between  them  and  his  body,  or  from 
tenuity. 

The  article  provides  that  the  recruit  must  "be/reefrom  external 
and  internal  tumours."  There  are  some  external  tumours  which 
do  not  hinder  an  individual  from  the  performance  of  all  the  duties 
of  a  thorough-bred  seaman.  I  have  myself  served  with  more  than 
one  such  man.  Although  external  tumours  may  be  always  per- 
ceived by  superficial  inspection,  with  the  exception  of  such  as  may 
be  situated  at  the  very  portals  of  the  digestive  apparatus,  internal 
tumours  are  not  so  readily  discoverable,  (except  by  post  mortem 
examination,)  unless  they  be  of  considerable  size,  or  aneurismal  in 
their  character.  Even  extraordinary  tact  might  fail  to  discover 
internal  tumours,  existing  beneath  vast  conglomerations  of  intes- 
tine, where  the  subject  is  desirous  of  deceiving. 

"  All  cutaneous  diseases"  are  set  down  as  disqualifying  causes  ; 
prickly  heat,  boils,  and  similar  slight  affections  of  the  skin,  although 
they  cannot  be  generally  considered  as  serious  enough  to  reject  a 
recruit,  must  still  be  included  under  the  sweeping  head  of  "  all 
cutaneous  diseases,"  and  if  the  recruit  be  passed,  the  officer  acts  in 
disobedience  to  a  very  positive  order,  or  at  least,  I  presume,  it  should 
be  so  considered. 

"  Ckronic  ulcers"  are  certainly  a  disqualifying  cause;  but  the 
article  leaves  the  medical  officer  to  decide  for  himself,  how  far  ulcers 
of  other  kinds  and  characters  than  "  chronic"  are  to  be  considered 
disqualifying  or  otherwise,  affording  opportunity  for  the  effects  of 
conflicting  opinions  to  arise,  in  the  form  of  appeals,  surveys,  re- 
ports, &c.  which,  as  they  might  be  rendered  unnecessary,  only 
serve  to  lumber  the  archives  of  the  department. 

The  article  requires  that  the  recruit's  "  appearance"  shall  not 
"  indicate"  "  the  presence  of,  or  danger  from"  ';  dangerous  diseases" 
from  the  effects  of  "  intemperance  or  other  causes."  Is  it  fair  to  infer 
from  this  part  of  the  sentence  quoted,  that  the  surgeon  is  expected 
to  decide  by  external  corporeal  signs  or  otherwise,  upon  the 
recruit's  liability  to  such  diseases  as  may  result  fatally,  whether 


OF  THE  U.  S.  NAVY.  XIX 

said  diseases  arise  from  t:  intemperance  or  other  causes,"  including 
perhaps  contagion  and  miasmatic  influences — or  is  he  to  deride 
upon  the  recruit's  inherent  and  constitutional  powers  of  escaping 
from  and  resisting  the  fatal  termination  of  such  perilous  diseases  as 
small-pox,  acute  fevers,  &c.  in  the  event  of  being  attacked? 

"  Nor  if  known  to  h>3  subject  to  epilepsy  or  similar  diseases."  If 
the  regulations  had  laid  down  the  signs  by  which  an  individual 
may  be  known,  or  even  suspected,  "  to  be  subject  to  epilepsy,"  and 
named  some  of  the  diseases  which  are  similar  to  epilepsy^  they 
would  certainly  be  of  very  great  assistance  to  medical  officers  in 
the  examination  of  recruits.  As  it  is,  the  board  which  devised  the 
regulations,  has  carefully  kept  this  most  important  knowledge  to 
itself,  but  perhaps  without  being  aware  how  very  much  in  the  dark, 
the  profession,  generally;  is  upon  the  subject. 

The  above  remarks  are  sufficient  to  show  how  unnecessarily 
vague  the  regulation  is,  and  how  little  medical  and  surgical 
knowledge  has  been  resorted  to  in  digesting  it. 

The  regulation  on  the  subject  of  discharging  men  from  the  navy 
is  very  short,  and  requires  all  the  illustration  given  to  it  by  Mr. 
Marshall.  The  following  rules  are  still  in  force. 

REGULATIONS 

For  the  discharge  of  persons  from  the  Naval  Service. 

No  petty  officer,  seaman,  ordinary  seaman,  landsman,  or  boy,  is 
to  be  discharged,  except  for  one  of  the  following  reasons,  viz. 
expiration  of  term  of  service ;  sentence  of  a  court-martial ;  the 
written  order  of  the  commander  of  the  fleet  or  squadron  on  a 
foreign  station,  reciting  the  reasons;  or  unjitness  for  service,  from 
causes  arising  subsequently  to  enlistment;  and  when  a  discharge 
is  specially  requested  by  the  person  himself,  and  is  authorised  by 
the  secretary  of  the  navy,  or  by  the  commander-in-chief  on  foreign 
service.  When  any  petty  officer,  seaman,  &c.  is  unfit  for  service, 
in  the  opinion  of  the  commander  of  a  vessel,  he  is,  if  within  the 
United  States,  to  report  the  fact  to  the  senior  officer  in  command; 
or,  if  on  a  foreign  station,  to  the  officer  in  command  at  the  port  at 
which  he  may  be,  who  shall  order  a  survey  upon  such  person  by 
two  medical  and  three  other  commissioned  officers,  if  there  are  so 
many  on  ihe  station,  who  are  to  examine  and  report  if  unfit  for 
service,  and,  if  so,  to  state  the  nature  and  origin  of  the  disability — 
which  report  is  to  be  transmitted  to  the  secretary  of  the  navy  or  the 
commander-in-chief  of  the  fleet,  as  the  case  may  be,  for  decision. 
Oct.  16,  1824. 

No  discharge,  excepting  in  the  cases  before  mentioned,  will  be 
made  from  vessels  or  stations  but  by  order  of  the  secretary  of  the 
navy. 

As  a  general  rule,  seamen  and  marines  will  not  be  discharged  by 
permission  of  the  department  before  the  expiration  of  their  term  of 


XX  RECRUITING  SERVICE 

service,  (unless  at  the  expiration  of  a  long:  cruise)  without  a  settle- 
ment of  their  accounts,  and  leaving  a  balance  of  one  month's  pay 
by  the  former,  and  two  month's  by  the  latter,  to  cover  the  expenses 
of  enlisting  others  in  their  place.  The  marine  must  also  provide 
a  substitute.  (Sept.  1831.)  If  they  ever  deserted,  they  will  not 
be  discharged  (unless  ignotniniously)  till  the  expiration  of  their 
term.  Dec.  1831. 

Malingerers  in  the  army  and  navy  of  the  United  States  are  not 
very  frequently  met  with.  This  may  be  attributable,  in  some 
measure,  to  the  period  of  enlistment  being  limited,  generally  to 
three  years,  or  five  at  most,  instead  of  for  life  as  in  the  British 
army.  For  this  reason,  the  most  dissatisfied  soon  learn  to  tolerate 
their  situation,  which  is  never  in  itself  very  unfortunate,  and  look 
forward  with  certainty  to  the  day  of  their  discharge,  which  is  sel- 
dom so  distant  as  to  shut  them  off  from  the  hope  of  being  free 
from  their  engagement,  without  incurring  the  risk  of  punishment 
or  disgrace.  Besides,  there  is  no  advantage  gained  by  being  dis- 
charged, except  freedom  from  the  terms  of  contract,  the  law  not 
having  provided  any  pro  rata  pension  based  upon  length  of  service. 
(See  page  15G-7.) 

REGULATIONS 

For  the  General  Recruiting  Service  of  Ike  Army  of  the  United 

Slates. 

1.  The  recruiting  service  will  be  regulated  at  general  head- 
quarters. 

2.  There  will  be  selected  such  number  of  field  officers  to  con- 
duct the  general  recruiting  of  the  army,  as  the  interest  of  the  service 
may  require;  to  whom  all  officers  assigned  to  the  general  recruiting 
duty,  will  report  for  orders  and  instructions,  according  to  the  district 
to  which  they  respectively  may  be  attached. 

3.  Selections   for  the  recruiting  service  will  be  made  without 
reference  to  the  roster      The  requisite  number  of  recruiting  officers 
will   be  determined  at  general   head-quarters,  and  announced  in 
genera!  orders.     The  captains  and  subalterns  for  recruiting  ren- 
dezvous will    be    selected    by  the    colonels    of    regiments,  unless 
otherwise  directed.     Officers  on  the  general  recruiting  service  are 
not  to  be  ordered  on  any  other  duty,  except  by  orders  from  general 
head-quarters. 

Duties  of  Superintendent*. 

4.  As  soon  as  the  recruiting  stations  are  fixed  on,  the  superin- 
tendents will  notify  the  assistant  commissaries  of  subsistence  at  the 
military  posts  nearest  to  their  recruiting  stations,  to  supply  rations: 
and  will  make  requisitions  for  funds  on  the  adjutant  general,  and 
for  clothing,  camp  equipage,  arms  and  accoutrements,  on  the  several 


OP  THE  U.  S.  NAVY.  XXI 

departments  to  which  these  supplies  appertain:  forwarding  their 
requisitions  through  the  adjutant  general.  They  will  settle  with 
said  departments  for  the  items  of  expenditure  under  their  different 
heads,  rendering  the  proper  accounts  and  vouchers  for  the  same, 
quarterly. 

5.  Funds  will  be  transmitted  direct  to  each  recruiting  officer, 
on  the  monthly  estimates  of  the  superintendents.     After  the  first 
remittance,  estimates  based  on  the  monthly  expenditures  at  each 
recruiting  station,  are  to  be  transmitted  by  the  several  recruiting 
officers,  at   the  close  of  the  month,  to  their   respective  superin- 
tendents. 

6.  Each  superintendent  will  transmit  to  the  adjutant  general, 
monthly  returns  of  recruits,  and  of  the  recruiting  parties  under  his 
superintendence,  with  a  record  of  the  names,  the  dates,  and  places, 
of  all  discharges,  deaths  or  desertions,  during  the  month  :  to  be 
accompanied  with  the  enlistment  of  each  recruit  enlisted  within  the 
month.  He  will  transmit,  in  like  manner,  a  muster  roll  of  all  enlist- 
ed men  belonging  to  each  recruiting  station,  including  the  names  of 
all  who  may  have  joined  since  the  last  muster,  or  have  died  or 
deserted,  been  transferred  or  discharged,  during  the  period  embraced 
in  the  muster  roll. 

7.  Whenever,  in  his  opinion,  the  good  of  the  service  requires 
that  the  recruits,  or  any  part  of  them,  should  be  sent  to  regiments, 
the  superintendent  will  report  to  the  adjutant  general  for  instruc- 
tions in  reference  thereto.     And  whenever  recruits  are  to  be  sent 
from  a  depot  or  rendezvous,  to  a  regiment  or  post,  a  separate  muster 
and  descriptive  roll,  and  a  separate  account  of  clothing  of  each 
detachment,  will  be  placed  in  the  hands  of  the  officer  ordered  to 
conduct  such  detachment.    A  duplicate  of  the  m.uster  and  descrip- 
tive roll,  will,  at  the  same  time,  be  forwarded  to  the  adjutant  gene- 
ral, by  the  superintendent,  who  will  report  the  name  of  the  officer 
assigned  to  the  command,  and  the  day  of  the  departure  of  the 
detachment  from  the  depot  or  rendezvous. 

8.  A  recruiting  party  will  consist,  as  a  general  rule,  of  one  com- 
missioned officer,  one  non-commissioned  officer,  and  two  privates. 
The  recruiting  parties  will  be  selected  at  the  principal  depots,  and 
care  will  be  taken  that  none  but  suitable  non-commissioned  officers 
and  privates  are  sent  upon  this  duty. 

9.  Music  is  not  considered  essential,  but  if  musicians  can  be 
enlisted,  the  usual  instruments  will  be  supplied  on  requisitions  pro- 
perly made,  and  the  musicians  may  be  retained  at  the  rendezvous. 

10.  Tours  of  inspection  by  superintendents,  will  be  made  only 
on  instructions  from  general  head-quarters;  nor  will  officers  on  the 
recruiting  service  be  sent  from  place  to  place  without  orders  from 
the  same  source.     No  expenses  of  transportation  of  officers  will  be 
admitted  that  do  not  arise  from  orders  emanating  from  general  head- 
quarters. 


XX11  RECRUITING  SERVICE 

Duties  of  Recruiting  Officers. 

11.  Success  in  obtaining-  recruits  depends  much  on  the  activity 
and  personal  attention  of  recruiting  officers.     They  will  be  careful 
not  to  allow  any  man  to  be  deceived  or  inveigled  into  the  service  by 
the  tricks  or  false  representations  of  the  soldiers  or  non-commis- 
sioned officers  of  their  parties.     None  but  men  of  good  character, 
sound  in  body  and  mind,  of  good  appearance,  and  well  formed,  and 
fit,  in  every  particular,  to  perform  the  duties  of  a  soldier,  will  be 
received.     The  nature  of  the  service,  the  length  of  the  term,  the 
pay.  clothing,  rations,  and  other  allowances  to  which  a  soldier  is 
entitled  by  law,  must  be  fully  set  forth  and  explained  to  every  man 
who  offers  to  enlist;  and  it  will  be  proper,  at  the  same  time,  to 
caution  him  to  consider  well  before  he  enters  into  the  contract  with 
the  government,  as  no  man  is  wanted  who  does  not  come  volun- 
tarily to  the  standard  of  his  country.     It  will  be  equally  proper  to 
inquire  whether  the  men  who  offer  are  married  or  single,  as  those 
with  families  are  not  to  be  enlisted  without  special  authority  from 
general  head-quarters,  obtained  through  the  superintendent.     This 
rule  is  not  to  apply  to  non-commissioned  officers  and  soldiers  who 
may  re-enlist.     If  very  young  men  present  themselves,  they  are  to 
be  treated  with  great  candour:  the  names  and  residences  of  their 
parents  or  guardians,  if  they  have  any,  must  be  ascertained,  and 
their  friends  must  be  informed  of  their  wishes  to  enlist,  that  they 
may  make  their  objections  or  give  their  consent. 

12.  After  a  man  has  been  thus  treated,  and  is  willing  to  enlist, 
he  may  be  allowed  twenty-four  hours  to  consider  on  the  subject; 
the  oath  is,  therefore,  not  to  be  administered  to  him  until  after  that 
time,  or  even  after  two  days,  if  the  officer  thinks  he  is  not  yet  settled 
in  his  mind  as  to  becoming  a  soldier  :  and  if  the  recruit  should  see 
proper  to  cancel  his  engagement  previously  to  taking  the  oath,  he 
shall  be  at  liberty  to  do  so. 

13.  Recruiting  officers  must  be  very  particular  in  ascertaining 
the  true  age  of  a  recruit.     They  are  not  always  to  take  the  word 
of  the  recruit,  but  are  to  rely  on  their  own  judgment  for  the  ascer- 
tainment of  his  probable,  if  not  actual  age. 

14.  It  is  in  the  power  of  any  recruiting  officer  to  make  his  party 
respectable  and  respected.     He  must,  in  his  own   person,  set  an 
example  of  that  courteous  and  moral  deportment  which  ought  ever 
to  characterise  military  men.     A  paternal  care  must  be  constantly 
extended  to  the  recruits.     Should  they  be  sick,  they  will  claim  his 
particular  attention,  to  see  that  they  are  not  neglected,  and  that 
every  essential  comfort  is  procured  for  them.     If  the  recruits  are 
disposed  to  be  troublesome  to  the  neighbourhood,  the  officer  must 
make  it  his  duty  to  suppress  every  irregularity,  and   correct  the 
disorderly,   using   first    mild   admonitions,   which,   if   seasonably 
resorted  to,  will  generally  produce  the  desired  effect.    No  instance  of 
impropriety  should  go  unnoticed. 

15.  The  cultivation  of  a  good  understanding  with  the  people  of 


OF  THE  U.  S.  NAVY.  XXlll 

the  town,  village,  or  neighbourhood,  on  the  part  of  the  recruiting 
officers,  may  tend  much  to  advance  the  interests  of  the  service,  and 
often  be  the  means  of  procuring  good  men  :  when  a  distant  deport- 
ment, a  frigid  unbecoming  hauteur,  will  not  only  repel  the  think- 
ing and  worthy  part  of  the  community,  but  frequently  defeat  the 
very  object  for  which  an  officer  may  have  established  his  party  in 
the  place. 

1G.  The  magistrate  employed  to  swear  in  the  recruits,  may,  if 
troaled  with  duo  respect  arid  confidence,  be  often  instrumental  in 
discovering  the  true  character  of  those  who  may  propose  to  enlist. 
It  would  then  be  well  to  ask  his  opinion  and  advice,  as  to  the 
propriety  of  enlisting  any  individual  brought  before  him  to  be 
sworn  in.  If  it  be  generally  known  around  the  country  that  the 
enlistment  is  on  fair  terms,  that  the  pay  is  sufficient  to  induce 
respectable  young  men  to  enter  the  service,  and  that  none  others 
will  be  received,  the  character  of  the  army  will  be  held  in  due  esti- 
mation, and  the  objections  to  join  it,  will,  in  a  great  measure,  be 
removed. 

17.  The  personal  appearance  of  the  men  is  highly  important. 
The  recruiting  officer  will  give  his  particular  attention  to  this  sub- 
ject. He  will  see  that  the  men  under  his  command  are  neat  in  their 
appearance,  and  that  they  are  made  to  wear  their  military  dress  in 
a  becoming  manner. 

18.  These   instructions  are   thus   particular,  that   the  officers 
interested  may  know  that  it  is  not  desirable  to  fill  the  ranks,  unless 
it  can  be  done  fairly  and  honourably,  and  with  men  of  suitable 
character. 

19.  All  free  white  male  persons,  above  the  age  of  18,  and  under 
35  years,  being  at  least  5  feet  6  inches  high,  who  are  "  effective 
able  bodied  citizens  of  the  United  States"  native  or  naturalized,1 
sober,  and  free  from  disease,  may  be  enlisted.     This  regulation,  so 
far  as  it  respects  the  height  and  age  of  the  recruit,  shall  not  extend 
to  musicians,  or  to  those  soldiers  who  may  re-enlist  into  the  service. 

20.  No  person  under  the  age  of  21  years,  is  to  be  enlisted  with- 
out the  written  consent  of  his  parent,  guardian,  or  master,  if  he 
have  any. 

21.  Before  a  minor,  as  such,  can  be  enlisted,  the  written  consent 
of  his  parent,  guardian,  or  master,  must   be   first  obtained,  and 
appended  to  the  enlistment.     If  the  minor  assert  that  he  has  no 
parent,  guardian,  or    master,  the   recruiting   officer,  in    order   to 
prevent  imposition  on  the  public,  as  well  as  to  guard  himself  against 
the  penalty  of  the  law.  shall  procure  the  best  authentication  of  the 
fact,  which  he  will  in  like  manner  append  to  the  enlistment. 

22.  Enlistments  must,  in  all  cases,  be  taken  in  duplicate,  one  of 
which  the  recruiting  officer  will  transmit  to  the  superintendent  for 
the  adjutant  general ;  the  other  he  will  forward  direct  to  the  second 

1  Naturalized  citizens  must  speak  and  understand  the  English  language. 
—  Circular  to  Sup.  Rec'g.  Service,  August  IQlh,  1834. 


\KIV  RECRUITING  SERVICE 

auditor  of  the  treasury,  as  a  voucher  in  the  settlement  of  his 
accounts.  The  enlistments  will  he  filled  up  in  a  fair  and  legible 
hand,  and  the  real  name  of  the  recruit  be  ascertained  and  correctly 
spelled.  Each  enlistment  will  he  endorsed  as  follows  : 

No.  — . 
A n 

.1*  U 

enlisted  at 


January  — ,  183-, 

By  Lt.  C D , 

—  Regiment  of . 

The  number  to  correspond  with  the  names  alphahetically  ar- 
ranged. 

23.  Whenever  a  soldier  re-enters  the  service,  the  officer  who 
enlists  him  will  endorse  on  the  enlistment,  next  below  his  own 
signature,  "second   (or   third)  enlistment,"  as   the   case    may  be, 
together  with  the  name  of  the  regiment  and  the  letter  of  the  com- 
pany in  which  the  soldier  last  served. 

24.  The  filling  up  of,  and  endorsement  on,  the  enlistment,  will 
be  in  the  hand  writing  of  the  recruiting  officer,  or  done  under  his 
immediate  inspection;  as  evidence  of  which  he  will  sign  his  name 
on  the  margin. 

25.  As  there  is  no  bounty  allowed  to  recruits,  they  are  to  be 
mustered  and  paid  with  the  recruiting  parties,  and  those  at  the 
depots  are  to  be  regularly  mustered  and  paid  in  the  same  manner 
as  other  soldiers. 

26.  After  a  man  has  enlisted,  the  recruiting  officers  will  have  his 
hair  cut  according  to  the  military  fashion,  and  cause  him  to  be  well 
washed  from  head  to  foot;  after  which  he  will  have  him  dressed  in 
the  clothing  furnished  by  government;  properly  fitted  to  his  person, 
and  cause  his  citizen's  dress  to  be  disposed  of.     No  soldier  is  to  be 
allowed  to  keep  in  his  possession  any  articles  of  clothing,  other 
than  such  as  he  receives  from  government,  and  belong  to  his  mili- 
tary character. 

27.  It  is  the  duty  of  the  recruiting  officer  to  see  that  the  quarters 
for  the  men  are  comfortable,  and  supplied  with  such  conveniences 
and  bedding  as  are  allowed  in  barracks;  that  the  provisions  arc 
good,  and  regularly  supplied  ;  that  they  are  properly  cooked  and 
economised  ;  and  that  there  be  regularity  in  the  messes,  and  due 
decorum  preserved  at  all  times. 

28.  In  order  to  make  a  fund  for  obtaining  the  necessary  equipage 
for  the  table  of  his  men,  the  recruiting  officer  will  be  permitted  to 
commute  for  money  with  the  assistant  commissary,  the  rations  due 
(he  party,  and  not  consumed,  believing  that  by  proper  management 
and  economy,  the  rations  allowed  will  more  than  suffice;  out  of 
which  fund  the  table  furniture  and  other  comforts  are  to  be  pro- 
mred.      For  the  accountability  of  this  fund,  the    principles  laid 
'nvn  under  the  head  of  council  of  administration,  will  apply.   The 


OF  THE  U.  S.   ARMY.  XXV 

instruction  of  the  recruits  will  commence  from  the  moment  of 
enlistment,  as  well  to  provide  against  the  vice  of  idleness,  as  to. 
qualify  them  to  join  some  regiment.  In  general,  and  under  favour- 
able circumstances,  two  months  ought  to  he  sufficient  to  make  them 
acquainted  with  the  first  duties  of  police  and  the  schools  of  the 
soldier  and  company  in  infantry  tactics. 

2(J.  Every  officer  commanding  a  recruiting  parly  where  there  is 
no  quartermaster,  will  procure  the  necessary  transportation,  forage, 
fuel,  straw,  and  stationary,  taking  the  requisite  vouchers;  but  no 
non-comrnissiont'd  officer  or  soldier  is  to  be  allowed  to  become  a 
contractor  for  the  supplying  of  any  article  which  may  be  required 
of  the  quartermasters  or  subsistence  departments. 

30.  'The  necessary  blank  enlistments,  muster  rolls,  printed  re- 
turns and   forms,  will  be  furnished   by  the  adjutant-general,  to  all 
officers  employed  on  the  recruiting  service,  on  their  requisitions ; 
they  are,  therefore,  prohibited  from  using  any  other  forms  or  blanks 
whatever. 

31.  Recruiting  officers  in  charge  of  rendezvous  will  transmit  to 
the  proper  officers  the  following  rolls,  returns,  and  documents  : 

To  the  Superintendent. 

32.  A  monthly  return  of  recruits  and  of  the  recruiting  party, 
accompanied  with  the  enlistment  of  every  recruit  enlisted  within 
the  month. 

33.  Regular  muster  rolls  of  the  permanent  recruiting  party  and 
of  the  recruits;  also  muster  and  pay  rolls,  in  duplicate,  for  pay; 
which  latter  may  be  sent  direct  to  the  nearest  paymaster,  when 
authorised  by  the  superintendent. 

34.  Muster  and  descriptive  rolls  of  every  detachment  of  re- 
cruits ordered  to  the  principal  depot.     If  the  recruits  be  ordered  to 
proceed  from  the  rendezvous  direct  to  join  any  regiment  or  post, 
these  rolls  will  be  made  in  duplicate,  one  of  which  will  be  delivered 
to  the  officer  placed  in  charge  of  the  detachment,  and  the  other 
sent  to  the  superintendent. 

35.  An  account  of  clothing  issued  to  each  man  belonging  to  the 
detachment  of  recruits  ordered  to  principal  depots,  or  to  regiments 
direct. 

To  the  Quartermaster-  General. 

36.  A  quarterly  return  of  clothing,  of  camp  equipage,  and  of 
all  public  property  in  his  charge  ;  a  copy  of  each  to  be  sent  to  the 
superintendent. 

To  the  Ordnance  Department. 

37.  A  quarterly  return  of  arms,  accoutrements,  ammunition,  and 
of  all  ordnance  stores. 

9— c  mar  3* 


KXV1  RECRUITING  SERVICE 


To  the  Second  Auditor  of  the  Treasury. 

38.  Recruiting  accounts,  and  accounts  current,  monthly,  accom- 
panied with  one  set  of  enlistments. 

39.  Abstract  of  contingent  expenses  for  recruiting,  monthly,  to 
be  forwarded  within  the  three  first  days  of  the  month  ;  copies  of 
which  abstracts  will  be  transmitted  to  the  superintendent. 

40.  Whenever  an  officer  is  relieved  or  withdrawn  from  the  re- 
cruiting service,  he  will  pay  over  the  balance  of  any  unexpended 
recruiting  funds  in  his  possession,  to  the  officer  appointed  to  suc- 
ceed him,  or  to  the  paymaster,  if  no  officer  be  so  designated;  and 
if  there  be  no  paymaster  or  other  proper  officer  convenient  to  receive 
such  balance,  the  amount  will  be  deposited,  to  the  credit  of  the 
treasury  of  the  United  States,  in  some  bank  in  which  the  public 
moneys  are  kept.     In  either  case,  the  officer  will  forward  to  the 
second  auditor  the  evidence  of  the  disposition  he  may  make  of  the 
funds,  and  report  the  fact  to  the  adjutant-general  and  to  the  super- 
intendent; or  to  his  colonel,  if  on  regimental  recruiting  service. 

Regimental  Recruiting  Service. 

41.  Every  colonel  or  commandant  of  a  regiment  will  endeavour 
to  keep  his  regiment  up  to  its  establishment;  and,  for  that  purpose, 
will  obtain  the  necessary  funds  in  the  manner  prescribed  for  the 
superintendents  of  the  general  recruiting  service,  by  requisitions  on 
the  adjutant  general,  at  Washington. 

42.  At  each  station  occupied  by  his  regiment,  or  any  part  of  it, 
the  colonel  will  designate  an  officer  to  attend  to  the  recruiting  for 
his  regiment,  which  designation  will  not  relieve  such  officer  from 
his  ordinary  duties.   The  officers  thus  designated  will  be  furnished 
by  the  colonel  with  the  necessary  funds,  on  estimates  arid  requisi- 
tions made  on  him,  (in  the  manner  prescribed  for  the  officers  on 
the  general  recruiting  service,)  and  they  will,  with  the  approbation 
of  the  commanding  officer  of  the  station,  enlist  all  suitable  men,  and 
make  all  the  disbursements  incidental  to  such  enlistments,  render- 
ing their  accounts  monthly  for  settlement,  in  the  manner  prescribed 
for  officers  on  the  general  recruiting  service.     The  colonel  will 
transmit  to  the  adjutant-general  a  monthly  return  of  recruits,  with 
an  enlistment  of  each  man  enlisted  within  the  month. 

Inspection  of  Recruits. 

43.  The  superintendent  or  commanding  officer  will   cause  a 
minute  and  critical  inspection  to  be  made  of  every  recruit  received 
at  a  depot,  three  days  after  his  arrival ;  and  should  any  recruit  be 
found  unfit  for  service,  or  to  have  been  enlisted  contrary  to  law  or 
regulations,  he  shall  assemble  a  "board  of  inspectors,"  to  consist  of 
the  three  senior  officers  present  for  duty,  and  the  senior  officer  of 


y  _  OP  THE  U.  8.  ARMY.  XXVJi 

the  medical  staff,  to  examine  into  the  case.  If  the  board  decide  to 
reject  the  recruit,  and  recommend  his  discharge,  the  reasons  there- 
for will  be  stated  in  detail,  in  a  special  report  to  the  adjutant-gene- 
ral, which  report  wili  be  accompanied  with  the  surgeon's  certificate 
of  disability. 

4-1.  Every  detachment  ordered  from  a  principal  depot  to  any 
regiment  or  post,  shall,  immediately  preceding  its  departure,  be 
critically  inspected  by  the  superintendent  or  commanding  officer 
and  surgeon.  Should  it  be  necessary  to  assemble  the  board  of  in- 
speoiors,  and  any  recruit  be  then  rejected,  the  report  and  surgeon's 
certificate  in  the  case  will  be  forwarded  to  the  adjutant-general,  as 
above  prescribed. 

45.  Every  detachment  of  recruits  received  at  a  military  post  or 
station  shall  be  carefully  inspected  by  the  commanding  officer  and 
surgeon,  on  the  fourth  day  alter  ils  arrival;  and  if,  on  such  inspec- 
tion, any  recruit,  in  their  opinion,  be  unsound  or  otherwise  defec- 
tive, in  such  degree  as  to  disqualify  him  for  the  duties  of  a  soldier, 
then  a  board  of  inspectors  will  be  assembled  to  pass  upon  the  re- 
cruit; and  should  he  be  rejected  by  the  board,  the  required  report 
in  the  case,  with  the  surgeon's  certificate,  will  be  transmitted  to  the 
adjutant-general,  by  the  commanding  officer  of  the  post,  for  the 
decision  of  the  general-in-chief. 

46.  Whenever  a  recruit  is  rejected,  the  board  will  report  whether, 
in  its  opinion,  the  disability  or  other  cause  of  rejection  existed  or 
originated  before  or  after  the  date  of  his  enlistment;  and,  if  the 
former,  whether,  with  due  care  and  proper  examination,  such  dis- 
ability might  not,  in   its  opinion,   have  been  discovered  by  the 
recruiting  officer  and  examining  surgeon,  at  the  time  the  recruit 
enlisted. 

47.  As  the  decision  of  boards  of  inspectors  may  often  involve 
the  recruiting  officers  in  pecuniary  liabilities,  by  being  required  to 
refund  to  the  United  States  the  amount  of  any  loss  occasioned  by 
the  discharge  of  a  rejected  recruit,  the  board  will,  in  all  cases,  make 
the  proper  discriminations,  and  always  state  whether  the  want  of 
clue  examination  of  recruits  at  the  time  of  enlistment  be  attributable 
to  the  recruiting  officer  or  examining  surgeon,  or  to  both;  and,  as 
far  as  may  be  practicable,  to  state  the  amount  with  which  either 
ought,  in  its  opinion,  to  be  chargeable. 

48.  Boards  of  inspectors  for  the  examination  of  recruits  will  be 
composed  of  the  three  senior  officers  present  on  duty  in  the  line, 
and  senior  medical  officer  of  the  army  present;  and  when  organ- 
ised at  the  principal  depot,  the  superintendent,  or,  in  his  absence, 
the  commanding  officer,  will  preside;   if  at  a  military  post,  the 
commanding  officer  will  preside  at  the  board  of  inspection. 

49.  When  a  recruit  is  rejected  and  discharged  in  consequence  of 
the  non  observance  of  the  recruiting  regulations  by  the  recruiting 
officer  and   examining  surgeon,  they  shall  be  charged  with  the 
amount  of  the  bounty  and  clothing  which  the  recruit,  so  rejected, 


XXV11I  RECRUITING  SERVICE 

may  Iiave  received  from  the  public,  to  be  deducted  out  of  the  pay 
and  emoluments  of  such  officers. 

Recruits  sent  to  Regiments. 

50.  An  officer  intrusted  with  the  command  of  recruits  ordered 
to  regiments,  will,  on  arriving  at  the  place  of  destination,  complete 
"the  muster  and  descriptive  roll"  furnished  him  at  the  time  of  set- 
ting out,  by  inscribing  in  the  column  of  remarks  the  time  and  place 
of  any  death,  desertion,  apprehension,  or  other  casualty  that  may 
have  occurred  on  the  route;  and  present  the  same,  properly  signed, 
to  the  commanding  officer  of  the  regiment  or  post,  together  with 
the  "account  of  clothing"  issued  to  each  recruit.     He  will  furnish 
the  adjutant-general  and  the  superintendent,  each,  with  a  descrip- 
tive roll  of  such  men  as  may  have  deserted,  died,  or  been  left  on 
the  route  from  any  cause  whatever.    He  will  forward,  in  like  man- 
ner, a  special  report  of  the  execution  of  his  orders,  and  will  notice 
all  circumstances  worthy  of  remark  which  may  have  occurred  on 
the  march  ;  he  will  also  report  the  condition  and  strength  of  the 
detachment  when  turned  over  to  the  commanding  officer,  as  well 
as  the  day  of  his  arrival  at  the  post. 

Duties  of  Examining  Surgeons.1 

51.  Medical  officers,  whose  duty  it  may  he  to  examine  recruits, 
will  be  particular  in  causing  each  recruit  to  be  stripped  of  all  his 
clothes,  and  to  be  made  to  move  about  and  exercise  his  limbs  in 
their  presence,  in  order  to  ascertain  whether  he  has  the  free  use  of 
them;  that  his  hearing  and  vision  are  perfect;  that  he  has  no  tu- 
mours, ulcerated  legs,  rupture,  or  chronic  cutaneous  affections,  or 
other  infirmity  or  disorder  which  may  render  him  unfit  for  the  active 
duties  of  a  soldier,  or  be  the  means  of  introducing  disease  into  the 
army;  and  it  shall  be  their  duty  to  ascertain,  as  far  as  practicable, 
whether  the  recruit  is  an  habitual  drunkard,  or  subject  to  convul- 
sions of  any  kind,  or  lias  received  any  contusions  or  wounds  in 
the  head,  which  produce  occasional  insanity.     With  any  of  these 
defects,  the  man  is  to  be  refused  as  unfit  for  service.     It  will  also 
be  the  duty  of  the  examining  surgeon  to  ascertain  whether  the  re- 
cruit has  had  the  varioloiis  or  vaccine  affection;  and  if  he  have 
not,  to  see  that  he  be  vaccinated  immediately  after  enlistment,  or  as 
soon  thereafter  as  practicable.     It  is  the  duty  of  the  recruiting  offi- 
cer to  be  always  present  at  the  examinations  of  the  recruits  by  the 
examining  surgeon. 

52.  No  citizen  surgeon  shall  be  employed  to  inspect  or  attend 
recruits  at  any  post  or  place  where  there  is  a  surgeon  or  assistant 
surgeon  of  the  army.     Where  there  is  more  than  one  recruiting 
party  in  a  place,  the  senior  officer  will  engage  a  surgeon  to  attend 
the  whole. 

1  See  Routine  examination,  page  31. 


OF  THE  U.  S.  ARMY.  XXIX 

53.  Surgeons  will  attend  at  the  rendezvous  at  least  twice  a  day, 
at  such  hours  as  the  recruiting  officer  shall  establish. 

Depots  for  Collecting  and  Instructing  Recruits. 

54.  For  the  purpose  of  collecting  and  instructing  the  recruits 
enlisted  at  the  several  rendezvous,  there  will  be  established  depots 
at  convenient  poinls. 

55.  To  each  depot  there  will  be  assigned  a  suitable  number  of 
officers  to  command  and  instruct  the  recruits.     The  recruits,  as 
they  arrive,  are  to  be  thoroughly  inspected  and  examined  as  to 
their  fitness  for  the  service,  by  a  board  of  inspectors. 

56.  It  will  be  determined  at  general  head-quarters  what  number 
of  recruits  may  be  required  for  eacli  arm,  and,  on  instructions  from 
the  adjutant-general,  the  number  will  be  assigned  accordingly. 

57.  The  recruits  are  to  be  dressed  in  uniform  like  the  other 
troops,  according  to  their  respective  arms,  and  are  to  be  mustered 
and  paid  in  like  manner.     They  are  to  be  regularly  drilled  in  the 
infantry  tactics,  from  the  school  of  the  soldier  to  that  of  the  batta- 
lion, and  in  the  exercises  of  the  field  and  garrison  pieces.     Duty  is 
to  be  done  according  to  the  rules  of  service  as  set  forth  in  the  regu- 
lations. 

58.  In  order  to  furnish  the  requisite  number  of  musicians  for 
the  several  regiments,  such  of  the  recruits  as  are  found  to  possess  a 
natural  talent  for  music  may,  besides  tho  drill,  be  instructed  on  the 
fife,  bugle,  drum,  or  other  military  musical  instrument. 

59.  As  it  is  desirable  to  give  encouragement  to  the  recruits,  and 
to  hold  out  inducements  to  good  conduct,  the  commanding  officer 
of  the  depot  may  promote  such  of  them  to  be  lance-corporals  and 
lance-serjeants.  as  exhibit  superior  military  tact  and  requisite  quali- 
fications, not  exceeding  the  proper  proportion  to  the  number  of  re- 
cruits at  the  depot.     These  appointments  will   be  announced  in 
orders  in  the  usual  way,  and  will  continue  in  force  until  they  join 
their  regiments,  unless  sooner  revoked.     No  allowance  of  pay  or 
emoluments  is  to  be  assigned  to  these  appointments;  they  are  only 
to  be  considered  as  recommendations  to  the  captains  of  companies, 
and  colonels  of  regiments,  for  the  places  in  which  they  may  have 
acted  ;  they  are  nevertheless  to  be  treated  with  all  the  respect,  and 
to  have  all  the  authority,  which  may  belong  to  the  stations  of  ser- 
jeant  and  corporal. 

60.  The  rules  and  articles  of  war  are  to  be  read  to  the  recruits 
every  week,  after  tho  inspection,  particularly  so  much  thereof  as 
relates  to  the  duties  of  non-commissioned  officers  and  soldiers.    The 
commanding  officer  is  to  see  that  each  recruit  is  furnished  with  a 
'•  soldier's  book"  and  that  his  accounts  are  regularly  entered,  and 
that  tha  book  is  properly  filled,  according  to  the  directions  con- 
tained in  it.     The  sutler  of  the  post  is  to  supply  these  books,  and 
receive  payment  for  the  same  from  the  recruits  at  their  first  pay- 
ment. 


XXX  PENSIONS. 

61.  Whenever  recrnits  are  permitted  to  go  abroad,  they  are  to 
be  dressed  in  their  full  uniform,  and  to  appear  in  a  neat,  soldierly 
manner:  every  reasonable  indulgence  ought  to  be  extended  towards 
them,  and  they  ought  at  all  times  to  be  treated  with  kindness  and 
propriety. 

62.  The  recruits  are  not  to  be  put  to  any  labour  or  work  which 
would  interfere  with  their  instruction,  nor  are  they  to  be  employed 
but  as  soldiers,  in  the  regular  duties  of  garrison  or  camp. 

Recruits  in  Depot  at  Military  Posts. 

63.  When  recruits  are  received  at  a  military  station,  the  com- 
manding officer  will  place  them  under  the  charge  of  a  commissioned 
officer,  whose  duty  it  will  be  to  see  that  they  are  comfortably  quar- 
tered, kindly  treated,  and  welt  taken  care  of,  and  that  they  are  pro- 
perly drilled  and  instructed  in  their  duties  as  soldiers.     They  are 
not  to  be  put  on  any  fatigue  duty  or  working1  parties,  except  for  the 
ordinary  police,  and  then  only  by  regular  detail,  in  common  with 
the  other  men  of  the  garrison. 

64.  When  recruits  are  ordered  from  a  post,  or  are  attached  to 
companies,  the  commanding  officer  of  the  post  will  be  responsible 
that  the  regular  descriptive  rolls  and  account  of  clothing  and  pay 
of  each  recruit  are  furnished  to  the  captain  or  other  officer  who  is 
to  receive  the  recruits.    The  original  muster  and  descriptive  roll  of 
each  detachment,  with  remarks  showing  the  final  disposition  of  each 
recruit,  and  the  regiment  and  letter  of  the  company  to  which  at- 
tached, will  be  signed  by  the  commanding  officer,  and  forwarded 
to  the  adjutant-general. 

By  command  of  MAJOR-GENERAL  MACO-MB,  Commanding  in 
chief. 

R.  JONES, 
Adjutant-  General- 


PENSIONS. 

All  officers,  non-commissioned  officers,  musicians,  and  privates, 
whether  of  the  regular  forces,  militia,  volunteers,  rangers,  or  sea- 
fencibles,  if  disabled  by  wounds  or  otherwise,  while  in  the  service 
of  the  United  States  since  the  close  of  the  revolutionary  war,  may 
be  placed  on  the  invalid  pension-list,  at  such  rate  of  pay  and  under 
such  regulations  as  shall  be  directed  by  the  President  of  the  United 
States  for  the  time  being:  Provided,  always,  that  the  rate  of  com- 
pensation for  such  wounds  or  disabilities  shall  never  exceed,  for 
the  highest  disability,  half  the  monthly  pay  received  by  any  com- 
missioned officer  at  the  time  of  being  so  wounded  or  disabled;  and 
that  the  rate  of  compensation  to  non-commissioned  officers,  privates, 
and  musicians,  shall  never  exceed  eight  dollars  per  month. 


PENSIONS.  XXXI 

Similar  provision  has  been  made  for  all  classes  of  officers,  men 
and  hoys  employed  in  the  navy  of  (he  United  Slates. 

The  following  regulations  and  legal  opinions  are  taken  from 
"An  abstract  of  the  several  pension  laws  now  in  force,  for  invalid, 
revolutionary,  or  other  pensioners,  together  with  the  constructions 
which  have  been  placed  upon  such  laws  by  the  war  department  or 
tiie  attorney-general,  and  the  forms  necessary  to  be  followed  by  the 
applicants  for  pensions  under  the  several  laws,"  compiled  by  /.  L. 
Edwards,  Commissioner  of  Pensions,  in  conformity  with  a  reso- 
lution of  the  house  of  representatives,  October  9,  1837. 

Description  of  disability  which  entitles  the.  claimant  to  a  pension. 

WASHINGTON,  April  6,  1815. 

The  secretary  of  war  having,  in  a  letter  of  the  4th  instant,  de- 
sired my  opinion  on  the  true  meaning  of  the  h'rst  clause  of  the  four- 
teenth section  of  the  act  of  congress,  passed  on  the  16th  of  March, 
1802,  for  fixing  the  military  peace  establishment,  I  have  the  honour 
to  submit  the  following: 

The  words  of  the  clause  are,  "That  if  any  officer,  non-commis- 
sioned officer,  musician,  or  private,  in  the  corps  composing  the 
peace  establishment,  shall  be  disabled  by  wounds  or  otherwise, 
while  in  the  line  of  his  duty  in  public  service,  he  shall  be  placed 
on  the  list  of  invalids  of  the  United  States,  at  such  rate  of  pay,  and 
under  such  regulations,  as  may  be  directed  by  the  President  of  the 
United  States  for  the  time  being." 

The  question  made  is.  In  what  other  way  than  by  wounds  must 
the  disability  have  been  incurred,  to  entitle  the  party  to  the  pay 
provided  ? 

The  words  of  the  section  are  not  quite  so  distinct  as  to  remove 
all  grounds  for  diversity  of  opinion;  yet,  unless  some  liberality  i» 
their  interpretation  be  allowed,  it  is  to  be  feared  that  the  benignant 
intentions  of  the  law  might  be  in  danger  of  being  curtailed  or  frus- 
trated. The  expression  "or  otherwise"  is  placed  in  contrndislinc 
tion  to  wounds.  In  its  primary  signification,  it  may  be  taken  to 
import  a  disability  brought  on  by  the  direct  and  apparent  agency 
of  accidents  or  inflictions  from  the  hand  of  God  or  man,  happening 
to  the  party  while  in  the  immediate  and  obvious  discharge  of  his 
duty,  but  which  could  not,  with  technical  propriety,  be  denominat- 
ed wounds.  Instances  of  the  kind  may  readily  be  conceived:  as  if 
an  officer,  while  exercising  his  men  on  a  hot  day,  should  receive  a 
stroke  of  the  sun;  a  musician,  while  obeying  an  order  to  sound  his 
bugle,  should  rupture  a  blood-vessel;  or  a  soldier,  while  working 
upon  fortifications,  should  dislocate  a  limb:  in  such  and  similar 
cases  that  may  be  imagined,  it  cannot  be  doubted  but  that  the  disa- 
bility would  he  brought  on  in  a  mode  to  meet  the  alternative  stated 
in  the  act.  It  will  he  to  enlarge  it  but  a  little  more,  and,  as  it  is 
conceived,  to  uphold  its  genuine  and  humane  spirit,  as  well  as  its 
legal  sense,  to  say  that  the  connection  between  the  inflicting  agent 


XXX11  PENSIONS. 

and  consequent  disability  need  not  always  be  so  direct  and  instan- 
taneous. It  will  be  enough  if  it  be  derivative,  and  the  disability 
plainly,  though  remotely,  the  incident  and  result  of  the  military 
profession.  Such  are  the  changes  and  uncertainties  of  the  military 
life;  such  oftentimes  its  toils  as  well  as  its  hazards,  that  the  seeds 
of  disease,  which  finally  prostrate  the  constitution,  may  have  been 
hidden  as  they  were  sown,  and  thus  be  in  danger  of  not  being1 
recognised  as  first  causes  of  disability  in  a  meritorious  claim  put 
forth  for  the  bounty  of  the  act.  It  would  not,  I  think,  be  going  too 
far  to  say  that,  in  every  case  where  an  officer  or  private  loses  his 
health  while  in  the  service,  to  such  a  degree  as  to  be  disabled  from 
performing  his  duty  any  more,  he  is  contemplated,  prim  a  facie,  as 
an  object  of  this  charitable  relief  from  the  legislature.  I  feel  more 
doubtful  in  fixing,  by  any  undeviating  standard,  what  is  meant  by 
being1  in  the  line  of  his  duty.  Upon  this  point  I  should  presume, 
however,  that  every  officer  in  full  commission,  and  not  on  furlough, 
must  be  considered  in  the  line  of  his  duty,  although,  at  the  moment. 
no  particular  or  active  employment  is  devolved  upon  him.  The 
same  of  a  soldier  who  is  kept  in  pay;  for  it  is  presupposed  of  both 
the  one  and  the  other  that  they  are  at  all  times  prepared  for  duty; 
and  it  is  surely  of  indispensable  obligation  upon  them  to  keep  them- 
selves detached  from  other  pursuits,  so  as  to  be  ready,  at  a  moment, 
to  answer  any  call  emanating  from  those  who  may  be  authorised  to 
command  them.  Perhaps  a  voluntary  absence,  too  long  continued, 
on  the  part  of  an  officer,  from  his  station,  might  form  an  exception, 
so  as  to  exclude  the  idea  of  his  having  been  in  the  line  of  his  duty 
during  any  accident  or  sickness  palpably  proceeding  from  causes 
while  he  was  away.  But  the  officer  who,  by  reason  of  marches  in 
damp  or  cold  weather,  or  who,  from  living  in  a  garrison  exposed  to 
marshy  exhalations,  finds,  even  at  some  interval,  his  constitution 
broken  down  by  rheumatism,  or  enfeebled  by  the  constant  recur- 
rence of  fever,",  is  surely  as  just  an  object  of  this  humane  stipend 
at  the  hands  of  government,  as  he  who  may  have  had  his  arm  shr.t- 
tered  by  a  bullet.  Others  may  also  be  supposed,  in  which  the  per- 
formance of  military  duty,  in  some  of  the  various  shapes  it  may  be 
made  to  assume,  has  proved  the  original,  though  it  may  not  be  ad- 
mitted as  the  proximate,  cause  of  the  disability  superinduced. 

In  the  discretion  which  is  vested  in  the  President,  a  sufficient 
guard  is  established  that  an  interpretation  of  the  act,  such  as  is  in- 
dicated by  the  foregoing  remarks,  will  not  open  the  way  to  abuse. 
If  the  loss  of  health  should  have  proceeded  from  careless  or  irregu- 
lar habits  in  the  parly — much  more  if  from  vicious  ones;  or  if  he 
brought  to  the  service  or  ranks  of  his  country  a  constitution  already 
impaired,  or  rankling  with  the  gerrn  of  maladies  that  afterward  do 
nothing  more  than  ripen  into  activity;  these  will  form  occasions 
for  caution,  or  for  an  entire  exclusion  from  the  bounty,  when  the 
executive  duty  comes  to  be  performed  in  the  way  congress  have 
pointed  out.  A  claimant  who  was  suspected  not  to  stand  in  lights 
altogether  meritorious  or  innocent,  must  expect  that  his  application 


PENSIONS.  XXX1I1 

would  imot  a  severe  scrutiny,  and  certain  rejection  at  the  discovery 
of  any  thin?  that  co:ild  taint  it  with  unfairness  or  imposition.  But 
if  the  sound  construction  bQ  not  at  least  as  broad  as  I  have  sup- 
posed, we  shnll  be  at  some  loss  to  know  what  meaning  the  words 
"inferior  disabilities,"  used  in  the  concluding  sentence  of  the  four- 
teenth section,  were  intended  to  convey. 

It  may,  perhaps,  be  said  that,  to  earn  the  bounty,. the  disability 
should  have  been  incurred  by  accidents  or  sickness  peculiar  to  the 
employments  of  military  men,  and  such  as  it  may  reasonably  be 
supposed  would  have  been  avoided  in  other  occupations.  But  it  is 
conceived  that  this  would  prove  a  vague  and  deceptions  rule  of  in- 
terpretation. With  what  safety  or  with  what  certainty  could  it  be 
applied?  The  soldier  asleep  in  garrison  may  suddenly,  when  he 
awakes,  rind  his  eyesight  gone,  without  being  sensible  himself,  or 
without  its  being  imagined  by  others,  that  the  predisposing  and 
latent  cause  of  his  affliction  was  imbibed  in  ascending  the  Missis- 
sippi months  before,  while  a  hot  and  vertical  sun  was  flashing  its 
fires  around  him.  Another  may  linger  in  consumption,  the  conse- 
quence of  perhaps  a  slight  cold  in  the  beginning,  but  of  which  the 
labours  and  hardships  of  his  life  may  never  have  allowed  him  an 
opportunity  to  get  rid;  and  a  third  may  be  bed-ridden  under  a 
palsy,  which  the  change  of  habits  and  aliment  after  his  enlistment 
may  have  been  the  chief  though  occult  causes  in  producing.  It 
•would  be  easy  to  multiply,  indefinitely,  such  illustrations  applicable 
alike  to  the  condition  of  officers  and  me,n. 

I  would  remark,  as  giving  strength  to  the  principles  which  I 
suppose  the  legislature  to  have  had  in  mind  in  framing  this  section, 
that  we  find  it  recorded  in  the  Digest  of  Justinian,  that  "he  who 
has  hired  his  services,  is  to  receive  his  reward  for  the  whole  time, 
if  it  has  not  been  his  fault  that  the  service  has  not  been  performed." 
So,  too,  by  the  maritime  law  it  is  well  understood,  that  if  sickness 
or  disability  overtakes  a  seaman,  which  was  not  brought  on  by 
vicious  or  unjustifiable  conduct,  he  is  entitled  to  his  full  wages. for 
the  voyage:  nor  does  it  make  any  difference  whether  it  carne  on 
during  the  time  he  was  on  actual  duty,  or  was  merely  accidenlal 
while  he  continued  in  the  service.  These  principles  have  been 
sanctioned  by  time,  and  it  is  hoped  that  it  will  not  have  been 
deemed  out  of  place  to  advert  to  the  analogies  they  hold  up. 

RICHARD  RUSH,  Attorney  General. 

"  Total  disability"  understood  to  apply  to  the  nature  of  the  disa- 
bility, and  not  to  the  extent,  in  certain  cases. 

DEPARTMENT  OF  WAR.  October  23,  1828. 

Sir, — In  answer  to  your  inquiry  of  this  morning,  I  unhesitatingly 

give  it  as  my  opinion  that  the  words  "total  disability,"  as  used  in 

the  proviso  of  the  act  entitled  "An  act  regulating  the  payments  to 

invalid  pensioners,"  passed  March  3,   1819,  were  intended  as  de- 


XXXIV  PENSIONS. 

script!  ve  only  of  (he  nature  or  character,  and  not  of  the  extent,  of 
those  disabilities;  the  biennial  repetition  of  the  proof  of  which  is 
declared  to  be  unncessury. 

The  object  of  the  enacting1  clause  of  this  law,  which  contains  but 
one  section,  is  to  oblige  pensioners  to  exhibit  proofs  of  the  state  of 
their  respective  disabilities  at  given  periods,  with  a  view  to  ^radnate 
the  amount  of  the  pension  by  the  extent  of  the  disability  for  the 
time  being. 

The  object  and  spirit  of  the  proviso  is  to  save  those  pensioners, 
who  are  placed  on  the  list  in  consequence  of  disabilities  which  are 
in  their  nature  permanent  arid  unchangeable,  the  trouble  and  ex- 
pense of  a  useless  repetition  of  proof;  and  they  equally  embrace 
cases  (technically  speaking)  of  partial  and  total  disability.  The 
word  "total,"  therefore,  as  here  used,  in  connection  with  "disa- 
bility," should  not  be  taken  in  its  technical  sense,  as  indicating  that 
extent  of  disability  which  entitles  to  a  full  pension;  but  in  its  ordi- 
nary sense,  and  conveying  the  same  meaning  as  if  the  word  perfect, 
or  complete,  or  permanent,  (for  each  of  which  il  is  often  used  as  a 
substitute,)  had  been  employed.  The  proviso,  indeed,  explains 
itself,  by  adding  to  the  words  "total  disability"  the  following  exem- 
plification of  its  meaning,  viz:  "In  consequence  of  the  loss  of  a 
limb,  or  other  causes  which  cannot,  either  in  whole  or  in  part,  be 
removed." 

ff  a  soldier  loses  an  arm  or  a  leg,  he  presents  a  case  of  total  dis- 
ability, which  entitles  him  to  a  full  pension;  and  he  need  not  re- 
peat his  proof,  because  the  record  shows  that  the  disability  is  such 
as  cannot,  in  the  nature  of  things,  be  removed.  But  if  a  man  lose 
only  two  fingers  or  two  toes,  it  is»a  case  of  partial  disability,  and  he 
receives  only  a  part  pension.  It  would,  however,  be  equally  idle 
and  absurd  to  require  him,  in  this  case,  to  prove,  every  two  years, 
that  his  fingers  or  toes  have  not  grown  out  again,  as  it  would,  in 
I  he  other,  to  oblige  him  to  show  that  his  arm  or  leg  has  not  been 
restored. 

P.  B.  PORTER. 

JAMES  L.  EDWARDS,  Esq.  Pension  Office. 

Surgeons'  affidavit. 

[Date.] 

It  is  hereby  certified  that  ,  a  in  the  com- 

pany of  ,  in  the  regiment  of  the  United  States 

,  is  rendered  incapable  of  performing  the  duty  of  a  soldier, 
by  reason  of  wounds  or  other  injuries  inflicted  while  he  was  actually 
in  the  service  aforesaid,  and  in  the  line  of  his  duty,  viz: 

By  satisfactory  evidence  and  accurate  examination,  it  appears  that 
on  Ihe  day  of  ,  in  the  year  ,  being 

engaged  ,  at  or  near  a  place  called  ,  in  the 


PENSIONS.  XXXV 


state  (district  or  territory)  of  ,  he  received  in 

his1 

And  he  is  thereby  not  only  incapacitated  for  military  duty,  but, 
in  the  opinion  of  the  undersigned,  is2  disabled  from 

obtaining  his  subsistence  from  manual  labour. 

>  Surgeons. 


Application  for  an  increase  of  pension. 

It  is  hereby  certified  that  ,  formerly  a  of 

Captain  's  company,  in  the         regiment  of  ,  who, 

it  appears  by  the  accompanying  (a)  ,  was  placed  on  the  pen- 

sion-roll at  the  rate  of  dollars  per  month,  on  account,  as  he 

states,  of  having  received  a  (b)  while 

in  the  line  of  his  duty,  and  in  the  said  service,  on  or  about  the 
day  of  ,  in  the  year  ,  at  a  place  called  ,  in 

the  state  (or  territory)  of  ,  is  not  only  still  disabhd  in  conse- 

quence of  the  said  injury,  but,  in  my  opinion,  is  entiiled  to 
more  than  he  already  receives  as  a  pensioner,  being  disabled  to  a 
degree  amounting  to  (c)  of  a  total  disability. 

>  Surgeons. 

'  Here  give  a  particular  description  of  the  wound,  injury,  or  disease;  and 
specify  in  what  manner  it  has  affected  the  applicant,  so  as  to  produce  disa- 
bility in  the  degree  slated. 

*  N.  B  — The  blank  in  the  last  line  but  one  is  to  be  filled  up  with  the  pro- 
portional "degree"  of  disability ;  for  example,  "  three  fourths,"  "one  half," 
"one  third,"  dec.  or  "totally,"  as  the  case  may  be. 

f!^  The  magistrate  who  may  administer  the  oaths  to  the  surgeons  must 
certify  that  they  are  reputable  in  their  profession  ;  and  the  official  character 
and  signature  of  the  magistrate  must  be  certified  by  the  proper  officer  under 
his  seal  of  office. 

Mode  of  authenticating  papers. — In  every  instance  where  the  certificate 
of  the  certifying  officer  who  authenticates  the  papers  is  not  written  on  the 
same  sheet  of  paper  which  contains  the  affidavit,  or  other  paper  authenti- 
cated, the  certificate  must  be  attached  thereto  by  a  piece  of  tape  or  small 
riband,  the  ends  of  which  must  pass  under  the  seal  of  office  of  the  certify- 
ing officer,  so  as  to  prevent  any  paper  from  being  improperly  attached  to  the 
certificate. 

If  the  claimant  is  within  thirty  miles  of  an  army  surgeon,  he  must  obtain 
his  ti  stimony. 

(«)  The  punsion  certificate  issued  from  the  war  office,  which  must  be  re- 
turned to  the  commissioner  of  pensions. 

(6)  Here  give  a  particular  description  of  the  wound,  injury,  or  disease, 
and  specify  in  what  manner  it  has  affected  the  applicant,  so  as  to  produce 
disability  in  the  degree  stated;  and  show  its  origin  and  progress. 

(c)  N.  B. — The  blank  in  the  last  line  is  to  be  filled  up  with  the  propor- 
tional '•  degree"  of  disability;  for  example,  "three  fourths,"  "one  half," 
"one  third,"  &c.  or  "totally,"  as  the  case  may  be. 


xxxvi  PENSIONS. 


Member  of  congress  may  certify  as  to  the  character  of  a  surgeon. 

WAR  DEPARTMENT,  Jane  17,  1834. 

The  rule  of  November  17,  1831,  is  hereby  so  amended  as  to  allow 
the  certificate  of  a  member  of  congress,  as  to  the  character  of  a  sur- 
geon or  physician,  to  be  received  in  a  case  where  the  pensioner 
cannot  conveniently  obtain  the  certificate  of  the  agent  for  paying 
pensions. 

LEWIS  CASS. 

Rules  of  evidence  relative  to  invalid  pensioners. 

Any  officer,  non-commissioned  officer,  musician,  or  private,  who 
has  been  wounded  or  disabled  since  the  revolutionary  war,  while 
in  the  line  of  his  duty  in  the  actual  service  of  the  United  States, 
whether  he  belong1  to  the  military  establishment  or  to  the  militia,  or 
to  any  volunteer  corps  called  into  service  under  the  authority  of  the 
United  States,1  may  be  placed  on  the  pension-list  of  the  United 
States,  at  such  rate  of  compensation,  and  under  such  regulations, 
as  are  prescribed  by  the  act  entitled  "An  act  to  provide  for  persons 
who  were  disabled  by  known  wounds  received  in  the  revolutionary 
war,"  passed  April  the  tenth,  one  thousand  eight  hundred  and  six. 
In  substantiating  such  claim,  the  following  rules  and  regulations 
shall  be  complied  with,  that  is  to  say:  all  evidence  shall  be  taken 
on  oath  or  affirmation,  before  the  jud^e  of  the  district,  or  one  of  the 
judges  of  the  state  or  territory2  in  which  such  claimant  resides,  or 
before  some  person  specially  authorised  by  commission  from  said 
judge.-  Decisive  disability,  the  effect  of  a  known  wound  or  injury, 
received  while  in  the  actual  service  and  line  of  duty,  must  be  proved 
by  the  affidavit  of  the  commanding  officer  of  the  regiment,-  corps, 
company,  ship,  vessel,  or  craft,  in  which  such  claimant  served,  or 
of  two  other  credible  witnesses  to  the  same  effect,  setting  forth  the 
time  when,  and  place  where,  such  known  wound  or  injury  was 
received,  and  particularly  describing  the  same.  The  nature  of  such 
disability,  and  in  what  degree  it  prevents  the  claimant  from  obtain- 
ing his  subsistence,  must  be  proved  by  the  affidavit  of  some  reput- 
able physician  or  surgeon,  stating  his  opinion,  either  from  his  own 
knowledge  and  acquaintance  with  the  claimant,  or  from  an  exami- 
nation of  such  claimant  on  oath  or  affirmation,  which,  when  neces- 
sary for  that  purpose,  shall  he  administered  to  said  claimant  by  said 
jud^e  or  commissioner;  and  the  said  physician  or  surgeon,  in  his 
affidavit,  shall  particularly  describe  the  wound  or  injury  from 
whence  the  disability  appears  to  be  derived.  Every  claimant  must 
prove,  by  at  least  one  credible  witness,  that  he  continued  in  service 
during  the  whole  time  for  which  he  was  detached,  or  for  which  ho 

1  Act  25ih  April,  1803,  sec.  4.  *  Act  18th  April,  1814.  sec-  3. 


PENSIONS.  XXX  VII 

engaged,  unless  he  was  discharged,  or  left  the  service  in  conse- 
quence of  some  derangement  of  the  army,  or  in  consequence  of  his 
disability  resigned  his  commission,  or  was,  after  his  disability,  in 
captivity  or  on  parole;  and,  in  the  same  manner,  must  prove  his 
mode  of  life  and  employment -since  he  left  the  service,  and  the 
place  or  places  where  he  has  since  resided,  and  his  place  of  resi- 
dence at  the  time  of  taking  such  testimony.  Every  claimant  shall, 
by  his  affidavit,  give  satisfactory  reasons  why  he  did  not  make  ap- 
plication for  a  pension  before,  and  that  he  is  not  on  the  pension-list 
of  any  state;  and  the  judge  or  commissioner  shall  certify,  in  writ- 
ing, his  opinion  of  the  credibility  of  the  witnesses,  whose  affidavits 
he  shall  take,  in  all  those  cases  where,  by  this  act,  it  is  said  the 
proof  shall  be  made  by  a  credible  witness  or  witnesses;  and,  also, 
that  the  examining  physician  or  surgeon  is  reputable  in  his  pro- 
fession. The  said  judge  of  the  district,  or  person  by  him  com- 
missioned as  aforesaid,  shall  transmit  a  lis.t  of  such  claims,  accom- 
panied by  the  evidence,  affidavits,  certificates,  and  proceedings  had 
thereon,  in  pursuance  of  this  act,  noting  particularly  the  day  on 
which  the  testimony  was  closed  before  him,  to  the  secretary  for  the 
department  of  war,  &c.  And  it  shall  be  the  duly  of  the  judge  or 
commissioner  aforesaid  to  permit  each  claimant  to  take  a  transcript 
of  the  evidence  and  proceedings  had  respecting  his  claim,  if  he  shall 
desire  it,  and  to  certify  the  same  to  be  correct.  An  increase  of  pen- 
sion may  be  allowed  to  persons  already  placed  upon  the  pension-list 
of  the  United  States,  for  disabilities  caused  by  known  wounds  re- 
ceived during  the  revolutionary  war,  in  all  cases  where  justice  shall 
require  the  same:  Provided,  That  the  increase,  when  added  to  the 
pension  formerly  received,  shall  in  no  case  exceed  a  full  pension. 
Every  invalid  making  application  for  this  purpose,  shall  be  exa- 
mined by  two  reputable  physicians  or  surgeons,  to  be  authorised  by 
commission  from  the  judge  of  the  district  where  such  invalid  re- 
sides, who  shall  report  in  writing,  on  oath  or  affirmation,  their 
opinion  of  the  nature  of  the  applicant's  disability,  and  in  what  de- 
gree it  prevents  him  from  obtaining  a.  subsistence  by  manual  labour; 
which  report  shall  be  transmitted  by  said  physicians  or  surgeons  to 
the  secretary  for  the  department  of  war. 

PENSION  OFFICE,  24/A  June,  1840. 

Sir — In  answer  to  Doctor  Rtischenberger's  inquiry  respecting 
"  the  several  rules,  regulations,  &c.  relating  to  pensioning  sailors," 
I  have  to  state,  that  the  applicant  must  prove  that  he  is  perma- 
nently disabled  by  injury  received  in  the  line  of  duty  in  the  naval 
service. 

If  disabled  by  disease,  he  must  prove  that  the  disease  was  exclu- 
sively caused  by  peculiar  exposure  in  the  performance  of  some 
particular  act  of  duty  in  the  service.  The  proof  of  having  been 
disabled  in  the  line  of  duty  is  to  be  made  by  the  certificate  of  the 
surgeon  of  the  ship  on  board  of  which  the  injury  was  received — 


XXXVIII  NAVAL  PENSIONS. 

approved  by  the  commander — and  stating  the  date  of  the  injury, 
wilh  all  the  circumstances  of  the  case. 

If  the  commander  and  surgeon  are  dead,  the  certificate  may  be 
supplied  by  any  commissioned  officer  of  the  ship. 

When  such  proof  has  been  furnished,  the  secretary  of  the  navy 
will  order  two  naval  surgeons  to  examine  the  applicant,  and  report 
the  decree  of  permanent  disability  in  his  case,  whether  total,  3,  i,  i, 
&c.  according  to  their  opinions. 

After  an  examination  of  all  the  proof,  and  merits  of  the  case,  the 
rate  of  pension  will  be  fixed  by  the  department,  not  to  exceed  half 
pay  for  total  disability.  But,  in  cases  of  extraordinary  merit,  the 
department  is  authorised  to  allow  any  rate  of  pension  not  exceeding 
full  monthly  pay. 

A  pension,  exceeding  one  fourth  of  his  monthly  pay,  will  not 
be  granted  to  any  person  who  continues  in  the  service.  And  no 
pension  will  be  allowed  for  an  injury  received  twenty  years  before 
date  of  the  application,  unless  full  record  proof  of  all  the  facts  shall 
be  produced. 

These  rules  and  regulations,  may,  in  any  case,  be  dispensed  with 
by  the  department,  at  the.  discretion  of  the  secretary  of  the  navy. 

Dr.  Ruschenberger's  communication  is  herewith  enclosed. 
I  have  the  honour  to  be,  very  respectfully, 
Your  obedient  servant, 

J.  L.  EDWARDS.  Commissioner  of  Pensions. 
HON.  JAMES  K.  PAULDING,  Secretary  of  t lie  Navy. 

Under  these  several  regulations  and  opinions,  the  surgeon  is  left 
without  any  guide  to  estimate  the  proportional  rate  of  disability  in 
any  case ;  and  hence,  it  is  possible  that  very  different  opinions 
might  be  obtained  by  the  same  applicant  for  a  pension,  particulaily 
in  the  minor  cases.  Although  we  should  find  a  strict  uniformity  of 
opinion  among  surgeons  and  physicians  in  setting  down  the  loss  of 
both  arms  as  a  total  and  permanent  disability,  claiming  the  highest 
rate  of  pension,  it  is  not  certain  they  would  agree  as  to  the  rate 
which  should  be  paid  for  the  loss  of  the  great  toe,  loss  of  one  or 
more  fingers,  loss  of  all  the  teeth  by  violence,  anchylosed  joints, 
&c.  It  is  well  known  that  different  persons,  under  the  same  cir- 
cumstances, evince  different  capability  of  labouring  for  themselves, 
or,  in  other  words,  so  great  is  the  moral  energy  of  some  men  that 
what  is  a  very  serious  loss  to  others,  is  to  themselves  merely  an 
inconvenience.  But  it  would  scarcely  be  just  to  estimate  the  rate 
of  pension  upon  such  considerations.  The  opinion  should  be  based 
on  a  well  digested  scale  of  disabilities,  which  might  be  formed  for 
the  military  and  naval  service  by  a  board  of  medical  officers.  Such 
a  scale  would  afford  at  least  an  approximation  to  uniformity  in  the 
payment  of  pensions  in  like  cases.  Until  such  a  scale  shall  be 
digested,  considerable  assistance  will  be  afforded  to  the  surgeon  in 
forming  his  estimate  in  the  following 


NAVAL  PENSIONS.  XXXIX 


PENSIONING  REGULATIONS)  proposed  by  the  Board  of  Revision. 

ARTICLE  I. — Persons  making'  application  for  pensions  in  conse- 
quence of  injuries  received  in  the  service  should  forward  a 
certificate,  as  per  form  marked,  from  the  surgeon  of  the  vessel  or 
yard  where  the  injury  was  received,  countersigned  by  the  com- 
manding officer,  stating  particularly  the  circumstances  under 
which,  and  Hie  time  when,  the  injury  was  received — the  nature 
and  extent  of  the  injury,  and  the  extent  of  the  disability  which  it 
may  have  produced.  If  the  applicant  is  unable  to  forward  such 
certificate,  he  must  forward  the  best  evidence  which  he  can  collect 
in  relation  to  the  circumstances,  and  particularly  as  to  the  name  of 
the  vessel,  and  her  commander,  in  which,  and  the  time  when  the 
injury  was  received. 

ARTICLE  II. — After  a  pension  shall  have  been  granted  to  any 
person  in  consequence  of  his  disability,  it  may  be  paid  to  him 
quarterly,  on  his  presenting  himself  to  the  person  who  may  be 
directed  to  make  the  payments;  but  if  the  payments  are  to  be 
made  to  any  other  person  on  behalf  of  the  pensioner,  it  shall  only 
be  done  upon  a  regular  power  of  attorney,  made  before,  and  attested 
by  some  justice  of  the  peace  or  notary  public,  accompanied  by  a 
certificate  from  some  commission  officer  of  the  navy,  judge  of  the 
United  States  court,  district  attorney,  or  collector  of  the  customs, 
that  me  pensioner  was,  to  his  knowledge,  living  at  the  time  when 
the  payment  demanded  became  due,  or  that  he  had  deceased  on 
some  given  day  since  the  preceding  payment. 

ARTICLE  ill. — Before  any  pension  will  be  granted,  the  secretary 
of  the  navy  will,  if  he  should  think  proper,  order  an  examination 
of  the  applicant,  in  addition  to  the  certificate  of  the  surgeon  and 
commander,  to  determine  more  satisfactorily  the  degree  of  disability 
produced  by  the  injury  received;  and  he  may,  at  any  subsequent 
period,  direct  similar  examinations  to  be  made,  if  he  has  reason  to 
believe  that  the  disability  has  been  diminished  or  increased.  When 
it  can  be.  conveniently  done,  these  examinations  shall  be  made,  and 
the  certificates  given  by  two  medical  officers  and  a  captain  or  a 
commander  of  the  navy. 

ARTICLE  IV. — The  injuries  received  shall  be  classed  in  the  fol- 
lowing manner,  viz. 

1st.  Injuries  which  produce  total  disability  in  the  claimant  to 
contribute  by  his  own  labour  to  his  support,  and  which  requires 
the  aid  of  another  to  attend  to  his  person. 

2d.  Injuries  which  render  the  claimant  unable  to  contribute  to 
his  own  support,  but  leave  him  able  to  attend  to  his  own  person. 

3d.  Injuries  which  leave  the  claimant  unable  to  contribute  more 
than  one  fourth  to  his  own  support. 

4th.  Injuries  which  leave  the  claimant  unable  to  contribute  more 
than  one  half  to  his  own  support. 


Xl  NAVAL  PENSIONS. 

5th.  Injuries  which  leave  the  claimant  unable  to  contribute  more 
than  three  fourths  to  his  own  support. 

Those  of  the  1st  class  may  receive  as  a  pension  the  full  amount 
of  their  pay.  Those  of  the  2d  class  seven  eighths  of  iheir  pay. 
Those  of  the  3J  class  five  eighths  of  their  pay.  Those  of  the  4th 
class  three  eighths  of  their  pay.  Those  of  the  5th  class  one  eighth 
of  their  pay.  When  the  injury  received  does  not  diminish  the 
power  of  the  individual  to  support  himself  as  much  as  one  fourth, 
he  will  not  he  considered  entitled  to  any  pension. 

ARTICLE  V. — When  any  applications  are  made  for  pensions,  in 
consequence  of  the  death  of  any  person  who  may  have  been  killed, 
or  died  from  wounds  received  in  action,  they  must  state  the  name 
of  the  person  for  whose  death  the  claim  is  made,  the  name  of  the 
vessel,  and  Ihe  action  in  which  the  death  or  the  wounds  occurred, 
and  the  time  when  the  death  took  place,  if  subsequent  to  the  action. 
The  applicants  must  also  forward  legal  proof  of  their  right  to 
claim  a  pension,  as  the  widow  or  child  of  the  deceased,  according 
to  the  provisions  of  the  law,  and  of  the  age  or  ages  of  the  child  or 
children,  who  may  be  the  claimants. 

ARTICLE  VI. — After  a  pension  shall  have  been  granted,  the  widow 
must  make  affidavit  before  some  justice  of  the  peace  or  notary  pub- 
lic, at  each  period  when  payment  may  be  due,  that  she  is  still 
legally  entitled  to  receive  the  same,  and  present  it  to  the  person 
authorised  to  make  the  payment.  •  When  payments  are  to  be  made 
to  children,  their  guardian  must  make  affidavit  before  some  justice 
of  the  peace  or  notary  public,  that  such  children  are  still  living, 
and  under  the  age  required  by  the  law. 

ARTICLE  VII. — When  pensions  shall  be  granted  for  wounds 
received  in  action,  they  shall  not  be  withdrawn,  although  the  pen- 
sioner may  be  employed  afterwards  in  the  naval  service,  provided 
the  disability  continue;  but  when  they  shall  have  been  grafted  for 
injuries  received  otherwise  than  in  action,  they  shall  be  suspended 
whenever  the  pensioner  shall  be  employed  in  any  branch  of  the 
naval  service  with  a  compensation  equal  to  the  pay  he  was  enti- 
tled to  receive  when  he  was  injured;  and  when  his  compensation 
shall  not  be  equal  to  his  pay  when  he  was  injured,  the  amount  of  the 
pension  granted  to  him  shall,  if  necessary,  be  diminished,  so  that, 
during  such  employment  in  the  naval  service,  it  shall  not  increase 
his  compensation  beyond  his  pay  when  the  injury  was  received.  But 
the  pension  may  be  renewed  on  his  leaving  the  naval  service,  ac- 
cording to  the  nature  and  extent  of  the  disability. 

ARTICLE  VIII. — The  conviction  of  a  pensioner  of  any  felony, 
or  any  wilful  attempt  to  deceive  the  government,  by  any  false  pre- 
tences, declarations,  or  certificates,  in  relation  to  his  claim  for  a 
pension,  shall  be  sufficient  authority  for  withholding  it,  and  shall 
operate  as  a  forfeiture  of  any  pension  to  which  the  guilty  person 
may  otherwise  have  been  entitled. 


REMARKS  ON  NAVAL  PENSIONS.  X.I 

The  first  class  of  injuries  under  the  proposed  regulations  will 
embrace  men  who  have  lost  both  arms,  or  both  eyes,  or  who  are 
palsied  in  their  limbs,  and  perhaps  some  others. 

The  second  class  will  include  those  who  have  lost  both  legs 
below  the  knee,  or  who  have  anchylosed  knee  joints,  or  who  have 
lost  one  leg,  a  foot,  or  a  hand,  or  the  use  and  control  of  one  of  these 
members ;  or  who  have  incontinence  of  urine,  in  consequence  of 
mechanical  injury  of  the  urinary  organs ;  or  who  have  herniae  of 
considerable  size.  The  other  three  classes  will  include  a  great 
variety  of  injuries,  in  estimating  which  a  great  deal  of  judgment 
and  experience  are  requisite.  It  should  be  borne  in  mind,  that  the 
sailor  has  an  avocation  which  he  can  exercise  under  private  patron- 
age, when  able-bodied  and  in  health;  and  from  the  nature  of  his 
profession  he  is  rarely  capable  of  gaining  a  livelihood  on  shore  by 
pursuing  only  a  part  of  his  profession  after  having  been  disabled  by 
injuries  or  wounds.  For  this  reason  a  liberal  construction  should 
be  adhered  to  in  classing  his  disability,  and  it  should  always  have 
reference  to  answering  the  question,  How  far  does  his  injury  inca- 
pacitate him  from  the  exercise  of  his  profession?  With  soldiers  the 
case  is  somewhat  different,  for  the  reason  that  they  generally  have 
some  mechanical  trade;  or,  previous  to  entering  the  public  service, 
have  been  able  to  gain  a  living  as  labourers,  farmers,  gardeners,  or 
mechanics.  Perhaps  it  would  be  proper,  in  all  cases,  in  estimating 
disability,  to  take  into  consideration  the  length  of  service,  and 
whether  the  individual  had  borne  a  good  character,  discharged  his 
duties  with  ability,  or  distinguished  himself  in  action  or  otherwise. 
If  these  circumstances  were  known  universally  amongst  the  men 
to  have  weight  in  awarding  pensions,  it  would  serve  as  a  stimulus, 
in  many  instances,  to  good  conduct,  and  thus  assist  in  the  preser- 
vation of  discipline. 

To  preserve  the  popularity  of  the  service,  and  make  it  desirable, 
under  the  voluntary  system,  the  only  one  admissible  under  our 
institutions,  every  thing  in  relation  to  its  advantages  or  rewards  as 
respects  pensions  should  be  definite,  certain,  and  stable  as  possible; 
and  further,  the  laws  and  regulations  should  be  well  known  to  all 
interested,  and  rigidly  adhered  to  by  those  who  administer  them. 
The  adoption  of  such  a  system,  as  far  as  practicable,  would  tend 
to  diminish  the  scarcity  of  men  for  the  public  service  ;  for  men  will 
always  go  where  their  interests  lead,  when  they  have  the  oppor- 
tunity, which  all  have  in  the  United  States. 

Besides  the  benefits  of  the  pension  laws,  men  who  serve  in  the 
navy  have  provided  for  them  an  asylum,  situated  on  the  eastern 
bank  of  the  Schuylkill  river,  near  Philadelphia,  as  a  reward 
for  long  and  faithful  services.  There  they  are  furnished  with 
excellent  food,  good  clothes,  and  comfortable  accommodations. 
The  advantages  of  this  noble  institution,  I  fear,  are  not  sufficiently 
known  arid  appreciated  amongst  our  seamen.  There  is  at  present 
only  a  few  within  its  walls ;  but  it  may  become  the  happy  home  of 
hundreds  of  weather-beaten  sailors  and  marines,  where  they  may 

4  mar* 


Xln  REMARKS  ON  NAVAL  PENSIONS. 

pass  the  evening  of  their  lives,  free  from  the  storms  and  vexations 
of  life,  and  proud  in  feeling  that  their  services  have  gained  for 
them  a  substantial  reward  in  the  gratitude  of  their  country.  The 
institution  is  still  in  its  infancy,  but  it,  in  spite  of  the  unfortunate 
location  of  the  edifice,  may  become,  if  its  present  distinguished 
governor1  be  enabled  to  carry  out  his  liberal  views,  the  blessing 
and  pride  of  the  navy.  Let  us  indulge  the  hope  that  it  will  one  day 
contain  all  our  naval  trophies,  the  portraits  of  our  illustrious  com- 
manders, pictures  of  naval  engagements,  a  museum  and  library, 
where  the  war-worn  and  storm-blemished  veteran  will  find  a 
resource  to  relieve  his  mind,  in  the  contemplation  of  all  that  is 
noble  and  dear  in  the  memory  of  his  profession. 

At  present,  all  those  who  have  faithfully  served  for  twenty  years, 
or  who  are  entitled  to  pensions  for  wounds,  injuries,  or  meritorious 
services,  are  received  upon  relinquishing  their  pensions  while  in 
the  asylum. 

Owing  to  several  circumstances,  which  have  been  duly  consi- 
dered in  the  proper  place,  it  is  thought  a  change  is  called  for  in 
the  existing  pension  laws  of  the  navy.  With  this  view,  the  board 
of  revision  of  the  rules,  regulations,  and  laws  of  the  navy,  propose 
the  following  in  place  of  certain  existing  laws  relating  to  pensions: 

ART.  103.  Be  it  enacted,  &c.  that  all  money  accruing,  or  which 
has  already  accrued  to  the  United  States,  from  the  sale  of  prizes, 
shall  be  and  remain  for  ever  a  fund  for  the  payment  of  pensions  to 
the  officers,  seamen,  and  marines,  and  to  the  widows  and  children 
of  such  officers,  seamen,  and  marines,  as  may  be  entitled  to  receive 
the  same,  by  the  provisions  of  this  act;  and  if  the  said  fund  shall 
be  insufficient  for  the  purpose,  the  public  faith  is  hereby  pledged  to 
make  up  the  deficiency;  but  if  it  should  be  more  than  sufficient, 
the  surplus  shall  be  applied  to  the  making  of  further  provision  for 
the  comfort  of  the  disabled  officers,  seamen,  and  marines,  and  for 
such  as,  though  not  disabled,  may  merit,  by  their  bravery  or  long 
and  faithful  services,  the  gratitude  of  their  country. 

ART.  104.  The  said  fund  shall  be  under  the  management  and 
direction  of  the  secretary  of  the  navy,  for  the  time  being,  who  is 
hereby  authorised  to  receive  any  sums  to  which  the  United  Slates 
may  be  entitled  from  the  sale  of  prizes,  and  employ  and  invest  the 
same,  and  the  interest  arising  therefrom,  in  any  manner  which  he 
may  deem  th«  most  safe  and  advantageous;  and  it  shall  be  the 
duty  of  the  said  secretary  to  lay  before  Congress  annually,  in  the 
first  week  of  their  session,  a  minute  statement  of  his  proceedings 
relative  to  the  management  and  disbursement  of  said  fund. 

ART.  105.  Every  officer,  seaman,  or  marine,  disabled  in  the  line 
of  his  duty  while  subject  to  the  laws  for  the  government  of  the 
navy,  shall  be  entitled  to  receive  for  life,  or  during  his  disability,  a 
pension  from  the  United  States,  under  such  regulations  as  have 

1  Commodore  James  Biddle. 


REMARKS  ON  GRANTING  PENSION  CERTIFICATES.  xliii 

been,  or  may  be,  established  and  approved  by  the  President  of  the 
United  States,  and  according  to  the  nature  and  degree  of  his  disa- 
bility, not  exceeding  the  amount  of  his  pay  at  the  time  he  was 
disabled. 

ART.  106.  Any  officer,  seaman,  or  marine,  who  shall  be  killed, 
or  die  by  reason  of  a  wound  received  in  battle,  while  subject  to  the 
laws  for  the  government  of  the  navy,  leaving  a  widow,  such  widow 
shall  be  entitled  to  receive  half  the  pay  to  which  the  deceased  was 
entitled  at  the  time  of  his  death,  which  allowance  shall  continue 
during  her  widowhood;  and  in  case  of  no  widow,  or  of  the  inter- 
marriage of  such  widow,  the  same  allowance  shall  be  made  to  any 
child  or  children  of  such  officer,  under  eighteen  years  of  age,  until 
they  shall  arrive  at  the  age  of  eighteen  years:  provided,  that  the 
said  half-pay  shall  cease  on  the  death  of  such  child  or  children. 


In  adding  to  the  very  valuable  work  of  Mr.  Marshall  the  rules 
and  regulations  relating  to  the  enlisting,  discharging,  and  pension- 
ing men  in  the  navy  and  army  of  the  United  States,  I  hope  I  have 
added  something  to  its  interest.  The  excellence  of  the  work  itself 
leaves  no  room  for  commentary  from  me ;  and,  in  conclusion,  I 
would  respectfully  ask  the  attention  of  my  professional  brethren, 
both  in  and  out  of  the  service,  to  its  pages.  Here  the  young  sur- 
geon will  find  assistance  in  the  discharge  of  what  he  will  discover, 
upon  being  called  to  inspect  recruits  and  furnish  certificates  of  dis- 
ability, to  be  an  important,  arduous,  and  often  difficult  duty;  and 
the  civil  practitioner,  who  is  without  experience  in  tin's  branch  of 
the  profession,  will  be  better  qualified  after  reading  this  volume, 
without  overlooking  the  interests  of  any  one  concerned,  to  decide 
upon  the  kind  of  certificate  he  should  furnish  to  those  who  may 
claim  pensions,  or  aslc  to  be  excused  from  military  duty  in  the 
militia,  or  to  receive  the  advantages  of  any  of  the  various  beneficial 
societies  on  account  of  bodily  disabilities. 

It  has  happened  more  than  once,  that  surgeons,  from  not  having 
reflected  upon  the  importance  of  the  subject,  have  yielded  their  own 
judgment  too  far  to  the  representations  and  bare  statements  of  the 
interested  party,  and  granted  certificates  which  they  would  have 
been  afterwards  glad  to  withdraw,  upon  finding  that  their  profes- 
sional opinion  had  been  instrumental  in  transferring  thousands  of 
dollars  from  the  pension  fund  to  the  pockets  of  an  individual  whose 
claims  were  exaggerated.  When  an  officer  comes  forward  to  claim 
a  pension  for  an  injury  received  thirty  years  before,  who  in  the 
mean  time  has  been  actively  employed  by  the  government,  receiv- 
ing the  while  full  pay  and  emoluments,  without  any  one  even  sus- 
pecting him  of  suffering  in  his  health, — I  say,  there  may  be  some- 
thing in  the  preference  of  such  a  claim,  wearing  very  much  the 
aspect  of  fraud;  and  if  the  surgeon  who  certifies  in  the  case  be  not 
very  careful,  he  may  learn,  when  too  late,  that  he  has  unwittingly 


REMARKS. 

lent  his  name  to  assist  in  defrauding  his  country.  I  have  been 
told  of  a  distinguished  officer  who  received,  at  one  payment,  the 
amount  of  thirty  years'  pension,  under  the  law  of  March,  1837,  for 
a  mere  flesh  wound,  although  he  had  been  in  the  receipt  of  full 
pay  the  whole  time.  And  I  have  heard  of  another  case,  where  the 
suryeon  who  granted  the  certificate  was  anxious  to  withdraw  it,  on 
finding  that  it  proved  equivalent  to  a  draft  for  eight  thousand  dol- 
lars, and  a  stipend  of  six  hundred  dollars  a  year  for  life;  on  reflec- 
tion, he  discovered  that  he  had  certified  to  a  higher  rate  of  disability 
than  the  circumstances  warranted. 

In  consequence  of  the  occurrence  of  cases  like  those  alluded  to, 
surgeons  have  been  charged  with  beingr  so  easy  as  to  yield  acqui- 
escence to  the  influence  of  rank,  or  of  personal  friendship ;  and 
some  who  are  grieving  over  the  comparatively  small  remnant  of 
the  pension  fund,  which  has  been  almost  absorbed  by  the  act  of 
March,  1837,  have  insinuated,  in  pretty  strong  terms,  that  the  fund 
has  been  robbed  through  this  facility  of  medical  men.  But  this  is 
a  partial  and  unjust  view,  and  entertained  by  those  who  deny  the 
propriety  of  paying  for  wounds,  hurts,  or  injuries,  although  they 
may  entail  great  misery  at  times,  enfeeble  the  general  health,  and 
abbreviate  the  life  of  an  individual,  without  impairing,  to  a  great 
extent,  his  capability  of  discharging  duty  of  a  particular  character. 
For  example,  all  the  duties  of  a  commander  of  a  ship,  or  of  a  com- 
mander-in-chief  of  a  squadron,  may  be  most  efficiently  discharged 
by  an  individual  who  has  lost  a  hand: — If  this  loss  have  been  sus- 
tained in  the  public  service,  should  the  country  refuse  to  pay  for 
the  hand  because  the  individual  continues  to  discharge  his  duties 
without  it?  Should  not  the  effects  of  such  a  loss  fall,  if  possible, 
rather  upon  the  country  than  upon  the  individual? 

It  is  the  practice  of  the  British  government  to  pay  for  all  wounds, 
hurts,  and  blemishes,  which  do  not  incapacitate  individuals  for  ser- 
vice, what  is  termed  "smart  money,"  which  is  less  than  the  amount 
paid  under  the  name  of  pension.  Nelson  received  a  consideration 
for  the  loss  of  an  arm,  which  loss  did  not  interfere  with  the  victory 
of  Trafalgar.  I  can  find  no  good  reason  why  an  officer  who  has 
lost  a  hand  in  action,  and,  in  spite  of  the  loss,  continues  to  render 
efficient  service,  should  not  receive  more  than  he  who  comes  un- 
harmed from  the  conflict.  And  I  may  add,  it  is  to  be  regretted  that 
the  acceptance  of  such  bounty  should  be  accompanied  by  the  oblo- 
quy and  harsh  reflections  which  have  been  occasionally  cast  upon 
those  who  receive  pay  and  pension  at  the  same  time.  The  fault, 
if  there  be  a  fault,  rests  in  the  liberality  of  the  law,  and  not  with 
those  who  honestly  receive  its  benefits.  Nor  should  surgeons  who 
conscientiously  discharge  their  duties  under  the  provisions  of  the 
pension  laws,  be  charged  with  being  accessory  to  plundering  the 
pension  fund. 


PART  I. 

ON  THE  ENLISTING  OF  SOLDIERS. 


Enlistment. — The  British  army  is  recruited  by  voluntary  en- 
listment. 'Recruits  enlist  with  parties  acting  under  the  immediate 
control  of  the  commanding  officer  of  the  regiment  in  which  a  man 
engages,  or  with  recruiting  parties  which  are  placed  under  the 
command  of  the  inspecting  field  officer  and  subdivisional  officers 
of  a  recruiting  district.  Enlistment  for  limited  service  was  abo- 
lished or  discontinued  by  authority  on  the  18th  April,  1829,  conse- 
quently all  the  men  who  now  enlist  engage  to  serve  an  unlimited 
neriod,  or  till  they  shall  be  legally  discharged.  Every  person 
•vho  has  received  enlisting  money  from  a  soldier  employed  in  the 
recruiting  service  is  considered  as  having  voluntarily  enlisted. 
After  enlistment,  a  recruit  is  to  be  taken  to  a  military  medical 
officer,  or  should  there  not  be  one  stationed  within  a  convenient 
distance,  he  is  to  be  brought  to  a  civil  medical  practitioner,  for  the 
purpose  of  being  examined  as  to  his  fitness  for  the  army;  when, 
if  found  fit,  a  certificate  to  that  purpose  is  inserted  on  the  attesta- 
tion. If  a  recruit  be  found  unfit,  he  is  dismissed,  and  the  person 
who  enlisted  him  loses  the  enlisting  money;  but  should  he  he  ap- 
proved, he  may,  after  the  lapse  of  twenty-four  hours  from  the  time 
he  enlisted,  be  brought  before  a  magistrate  for  attestation,  and  if  he 
then  admits  that  he  enlisted  voluntarily,  the  magistrate  puts  to  him 
the  several  questions  comprehended  in  the  schedule  or  attestation, 
viz.  respecting  his  name,  parish,  age,  trade,  &c.,  and  particularly 
whether  he  is  willing  to  be  attested.  (Vide  Note  I.)  Should  his 
answer  be  in  the  affirmative,  the  magistrate  reads  to  him  the 
articles  of  war  relating  to  mutiny  and  desertion,  administers  the 
oath  of  allegiance,  and  he  is  then  a  soldier.  The  attestation  is 
signed  by  the  recruit,  and  also  by  the  magistrate;  and  if  the  former 
refuses  to  take  the  oath,  he  may  be  imprisoned  until  he  does  so. 
The  ceremony  of  attestation  must,  however,  take  place  within  four 
days,  Sunday  not  included,  from  the  date  of  enlistment ;  and  if  a 
7 — b  1  mar 


2  MARSHALL  ON  THE  ENLISTING  OF  SOLDIERS. 

recruit  during  any  of  these  days  prior  to  attestation  declares  before 
a  magistrate  his  disinclination  to  enter  the  service,  and  returns  the 
enlisting  money,  with  twenty  shillings  of  smart  money,  and  the 
amount  of  the  subsistence  he  may  have  received,  he  must  be  forth- 
with discharged.  "Any  officer  who  shall  act  contrary  to  the  pro- 
visions of  the  mutiny  act  in  regard  to  the  enlisting  and  attesting 
of  recruits,  shall,  upon  proof  thereof  before  a  court  martial,  be 
cashiered,  and  disabled  from  holding  any  civil  or  military  office  or 
employment  in  his  majesty's  service."  Government  allows  one 
guinea  for  the  enlistment  of  each  recruit,  who  is  finally  approved 
at  the  regiment  for  which  he  enlisted,  namely,  15s.  to  the  serjear 
and  party,  5s.  to  the  subdivisional  oflicer,  and  one  to  the  clerk 
the  attesting  magistrate.  Each  recruit  receives  a  nominal  bounty 
of  L.3,  of  which  sum  only  10s.  are  paid  him  in  cash,  the  remain- 
ing L.2,  10s.  being  reserved  to  purchase  clothes  and  other  articles 
of  equipment. 

In  the  French  service  a  remplapant,  or  substitute,  for  a  conscript, 
commonly  receives  from  the  principal  from  1500  to  2000  francs, 
(L.60  to  L.80.)  The  substitutes  are  generally  men  who  have  been 
in  the  army  as  volunteers  or  conscripts,  and  who  sell  'themselves 
for  seven  years  to  conscripts,  who,  having  been  drawn,  prefer  pay- 
ing the  above  amount  to  serving  in  person.  Neither  volunteers  nor 
conscripts  receive  any  bounty  upon  becoming  soldiers  in  France, 
but  they  are  provided  with  the  requisite  equipment. 

There  are  nine  recruiting  districts  in  the  United  Kingdom, 
namely,  London,  Coventry,  Bristol,  Leeds,  Liverpool,  North  Bri- 
tain, (including  Glasgow  and  Edinburgh,)  Dublin,  Cork,  and 
Newry.  The  staff  of  each  of  these  districts  consists  of  an  inspect- 
ing field-officer,  an  adjutant,  a  paymaster,  and  a  staff  surgeon.  The 
elements  of  stature  and  period  of  life  in  recruits  fall  peculiarly 
under  the  superintendence  of  the  military  branch  of  the  service, 
while  those  of  health  and  general  efficiency  are  usually  in  a  great 
measure  left  to  the  decision  of  a  medical  officer.  According  to  the 
existing  regulations,  soldiers  are  not  entitled  to  reckon  service 
under  eighteen  years  of  age  as  a  claim  for  a  pension,  and  conse- 
quently recruits  commonly  allege  that  they  have  reached  that 
period  of  life.  The  minimum  age  of  recruits  for  regiments  serving 
in  India  is  twenty  years,  but  for  all  other  regiments  no  specific  age 
is  fixed  by  authority.  Provided  a  youth  have  attained  the  mini- 
mum height,  he  is  eligible  for  enlistment,  however  young  he  may 
be.  "Growing  lads"  are  sometimes  enlisted,  although  they  are 
under  the  minimum  height.  In  the  French  army  the  minimum 
Jige  of  volunteers  is  eighteen,  and  of  conscripts  twenty  years.  The 
maximum  age  at  present  in  the  British  army  is  twenty-four  years 
for  regiments  of  the  line,  and  thirty  for  the  army  of  the  East  India 
Company;  but  as  there  is  seldom  any  mode  of  obtaining  informa- 
tion respecting  the  age  of  recruits,  except  from  themselves,  it  is  not 
to  be  presumed  that  the  statements  in  that  respect  are  always  very 
accurate.  Sometimes  the  inspecting  field  officer  refuses  to  approve 


STATURE  OP  RECRUITS.  O 

of  a  man  whom  he  thinks  above  (he  maximum  age,  unless  a  suit- 
able certificate  of  birth  be  produced. 

Stature  of  Recruits. — A  certain  degree  of  stature  is  indispensa- 
bly required  to  qualify  men  for  being  soldiers,  partly  on  account  of 
appearance,  but  chiefly  because  stature  is  considered  a  tolerably 
accurate  measure  of  physical  power.  A  due  degree  of  strength  is 
essentially  necessary  to  enable  a  soldier  to  surmount  the  fatigue 
incident  to  a  military  life.  Within  a  certain  range  of  stature  men 
may  be  deemed  equally  efficient,  but  soldiers  who  are  either  much 
below  the  mean  height,  or  much  above  it,  are  not  so  well  fitted  for 
all  the  duties  of  the  army  as  men  of  a  medium  height.  Very  tall 
men  are  said  to  be  deficient  of  energy,  and  comparatively  incapable 
of  enduring  fatigue.  Men  of  a  medium  height  are  commonly  very 
efficient  soldiers,  being  often  as  powerful  as  tall  men,  and  generally 
more  able  to  undergo  severe  exertion.  The  minimum  height  of 
recruits  for  infantry  regiments  is  usually  5vfeet  5£  or  5  feet  6  inches, 
for  light  cavalry  corps  5  feet  7,  and  for  heavy  dragoons  5  feet  8 
inches.  The  mean  height  of  the  men  of  an  infantry  regiment  is 
commonly  about  from  5  feet  7  inches  to  5  feet  8  inches;  in  the 
heavy  dragoons  it  varies  from  5  feet  9  to  5  feet  10  inches.  The 
minimum  height  of  soldiers  in  the  French  army  is  5  feet  2  inches. 
The  duty  of  ascertaining  the  height  of  recruits,  which  is  one  of 
considerable  importance,  belongs  to  the  staff  of  regiments  and  the 
staff-officers  of  recruiting  districts.  During  the  month  of  June, 
1819,  an  order  was  issued  to  examine  recruits  without  shoes  and 
stockings,  probably  in  consequence  of  frequent  imposition.  The 
position  of  a  recruit  when  he  is  measured  ought  to  be  exactly  that 
of  a  soldier  under  arms,  with  his  eyes  looking  straight  before  him. 
Sometimes  when  a  recruit  is  very  anxious  to  be  approved,  he  en- 
deavours to  appear  taller  than  he  realty  is,  and  various  artificial 
means  have  been  successfully  adopted  for  that  purpose,  such  as 
pasting  buff  leather  on  the  soles  of  the  feet,  or  concealing  a  small 
piece  of  wood  under  the  hair  of  the  head.  At  other  times,  when  he 
wishes  to  be  relieved  from  his  engagement,  he  endeavours  to  appear 
below  the  minimum  height,  by  reducing  his  apparent  stature.  This 
object  is  occasionally  effected  by  flexing  the  head  forwards  a  little, 
protruding  the  abdomen,  and  slightly  bending  the  knees.  By  these 
means,  and  by  removing  the  thick  cuticle  which  covers  the  sole  of 
the  foot,  and  cutting  the  hair  closely  to  the  head,  a  man  may  ap- 
pear to  be  half  an  inch  or  perhaps  a  whole  inch  lower  than  he 
really  is,  without  beingdetected  by  an  inexperienced  measurer.  Many 
intelligent  and  experienced  officers  have  been  imposed  upon  in  this 
way.  When  the  slightest  suspicion  of  fraud  exists,  the  recruit  should 
be  placed  under  the  standard  in  a  state  of  nudity.  But  the  best 
means  of  obviating  deception  in  regard  to  stature,  is  to  measure  a 
suspected  persoTi  extended  on  his  back.  To  ascertain  how  much 
the  horizontal  length  of  a  man  exceeded  his  perpendicular  height, 
I  measured  52  recruits  with  the  same  standard,  and  the  following 
statement  is  the  result : 


4  MARSHALL  ON  THE  ENLISTING  OF  SOLDIERS. 

Horizontal  length  exceeded  the  perpendicular  height  in    5,  by  ^  of  an  inch, 

5,        g         do. 

13,  4         do. 

14,  £         do. 

15,  no  appreciable  difference. 

52 

which  is-a  mean  difference  of  ?f  of  mi  inch  that  a  man  is  taller  in 
a  horizontal  than  in  a  vertical  position. 

Weight. — The  chief  physiological  qualities  which  require  to  bn 
attended  Jo  in  the  selection  of  recruits  for  the  army,  are  a  due  de- 
gree of  stature  and  weight,  a  suitable  age,  sound  health,  a  perfect 
condition  of  the  organs  of  sense,  particularly  the  eyes  and  ears, 
with  aptitude  of  the  limbs.  A  man  may  have  the  requisite  stature, 
but  unless  he  has  also  a  certain  weight,  he  may  not  be  able  to  per- 
form the  duties  of  a  soldier,  or  to  endure  the  labour  incident  to  an 
army,  and,  with  the  view  of  appreciating  his  efficiency,  I  would 
recommend  a  recruit  to  be  weighed.  Hitherto  it  has  been  the  usage 
<o  estimate  the  strength  of  recruits  by  the  eye,  as  was  formerly  the 
case  in  regard  to  stature.  The  weight  is  perhaps  a  better  criterion, 
as  it  affords  a  definite  standard,  which  is  of  great  importance  when 
reeruils  are  to  undergo  more  than  one  inspection,  and  by  different 
examiners.  According  to  the  investigations  of  Quctelet,  the  mean 
weight  of  males  at 

17  years  of  age  is  116  Ibs.  9  ounces  avoirdupois. 

18  do.         do.       127        9£    do.          do. 
20   do.         do.       132        7£   do.          do. 
25    do.         do.       138       12£   do.          do. 

Consequently,  when-  athletic  men  are  required,  recruits  should  not 
be  approved  who  weigh  less  than  the  medium  weight  of  the  respec- 
tive ages  at  which  they  may  be  enlisted. 

Magntiwk  of  the  C  'test. — To  ascertain  the  magnitude  or  circum- 
ference of  the  chest  of  a  recruit,  is  a  good  method  of  appreciating 
his  physical  power.  In  popular  opinion,  which  is  probably  well 
founded,  persons  who  have  large  capacious  chests  are  capable  of 
executing  much  labour,  and  of  enduring;  great  fatigue.  In  as  far 
as  the  efficiency.of  troops  is  concerned,  it  would  perhaps  be  as  ad- 
visable to  6x  a  minimum  circumference  of  the  chest  for  recruits 
as  a  minimum  height. 

For  the  purpose  of  ascertaining  the  mean  girth  round  the  chest 
of  men  of  different  heights,  Dr.  Balfour,  assistant  staff-surgeon, 
while  he  was  acting  in  London  as  district  surgeon,  measured  1439 
recruits,  and  constructed  the  following  very  interesting  table. 

It  will  be  observed  that  the  average  magnitude  of  ihe  chest  was 
about  32£  inches,  the  minimum  of  the  whole  number  was  28  inches, 
and  the  maximum  37  inches.  The  magnitude  »f  the  chest  docs 
not  appear  by  the  above  table  to  increase  in  the  same  r;it!o  as  the 
height,  but  the  numbers  examined  above  5  feet  8  inches  arc  too  few 
to  warrant  a  physiological  conclusion  on  the  subject.  But  it  is  the 


STATURE  OF  RECRUITS.  O 

minimum,  not  the  maximum  magnitude,  which  it  is  of  importance 
to  settle,  as  is  done  in  regard  to  the  height  of  recruits.  Perhaps  no 
recruit  should  be  approved  whose  chest  does  not  measure  30  or  3i 
inches,  even  at  the  minimum  height. 

Table  showing1  the  average  circumference  of  the  chests  of  the 
recruits  examined  in  the  London  District,  from,  the  13//i  Octo- 
ber, 1838,  to  the  I2t/i  January,  1839,  inclusive,  arranged  accord- 
ing to  the  height  of  the  recruits. 


Tuvvn  Recruils. 

Country  Recruits. 

Aggregate. 

Height  of  the 

No. 

Aver 

No 

Aver. 

N'o 

Aver.  |  No. 

Aver. 

No. 

Aver. 

No. 

Aver. 

recruits. 

•  ._  _/• 

miii 

chest 

fit. 

chest 

min 

chest. 

fit 

CllHSt. 

min. 

chest. 

fit 

chest. 

P.    I.       F     I. 

In  dec. 

[  n  dec 

In.dec 

In  dec 

In.  dec 

In  dec 

5    5  to  5    6 

83 

32.44 

53  1  32.54 

23 

32.77 

20 

32.66 

106 

32.51 

73 

32.57 

5     6  to  5     7 

425 

32.03 

279|  32.19 

233 

32.71 

197 

32.80 

65S 

32.15 

476 

3244 

5     7  to  5  .8 

2-23 

32.24 

127!  32.53 

103 

33.11 

93 

3313 

326 

32.52 

220 

3279 

5     8  to  5     9 

1-.2 

32.57 

79  1  32.81 

56 

33.00 

47 

33.18 

178 

32.70 

126  32.93 

5    9  to  5  10 

£8 

32.76 

33 

32.59 

28 

33.75 

23 

33.57 

86 

33.08 

56  3300 

5  10  too  11 

44 

32.54 

£7 

32.94 

13 

33.61 

8 

33.81 

57 

32.77 

35  33.14 

5  11  to  6     6 

20 

32.92 

10 

33.00 

3 

33.67 

2 

35.00 

23 

33.02 

12  33.33 

and  upward-s. 

4 

32.38 

1 

32.00 

1 

33.00 

-1 

33.00 

5 

32.50 

2,  33.50 

979 

32.06 

609 

32.22 

460 

32.91,  331 

32.99J1439 

32.47 

1000,  32.6G 

Class  of  the  population  from  which  recruits  are  procured. — The 
following-  statement1  is  intended  to  show  the  state  or  copdition  of 
life  of  recruits,  and  the  relative  ratio  of  each  trade  or  occupation 
among  men  who  enlist  at  Dublin.  A  table  of  this  kind,  embracing 
all  the  recruits  enlisted  for  the  whole  army  during  a  series  of  years, 
would  be  very  interesting. 

This  statement  shows  that  64  per  cent,  of  the  recruits  en- 
listed in  (lie  Dublin  districts,  during  the  three  years  specified,  were 
husbandmen  and  labourers,  and,  consequently,  considerably  more 
than  one-half  belonged  to  the  agricultural  class.  Whether  a  higher 
relative  ratio  of  men  belonging  to  this  class  enlist  than  of  artisans, 
I  am  unable  to  state.  The  question  is  an  interesting  one,  but  1 
have  not  access  to  adequate  statistical  materials  to  enable  me  to 
arrive  at  a  satisfactory  conclusion  on  the  subject. 

Agricultural  labourers  generally  enter  the  army  in  consequence 
of  some  family  difficulty  or  discord,  or  some  scrape  in  which  they 
are  involved,  or  from  want  of  work  ;  and  it  is  alleged  by  competent 
authority  that  they  become  the  most  trustworthy  soldiers.  Recruits 
who  are  enlisted  in  the  manufacturing  districts  and  large  towns 
are  frequently  idle  and  dissolute,  and  require  all  the  means  in  the 
power  of  their  officers  to  correct  the  intemperate  and  vicious  habits 
in  which  they  have  indulged,  and  to  enforce  subordination. 


1  See  Table,  next  page. 


MARSHALL  ON  THE  ENLISTING  OF  SOLDIERS. 


Statement  of  the  condition  of  life,  or  occupations  of  the  Recruits 
inspected  at  the  Dublin  recruiting-  depot,  during1  the  years 
1825,  1820,  and  1827. 


Condition  of  life  or  occupation 
of  the  Recruits. 

Examined. 

Ratio 
per  1000 
examined. 

.1325. 

1826. 

1827. 

Total. 

Apothecaries  and  druggists, 

3 

5 

11 

19 

1 

Bakers,          

59 

25 

21 

105 

8 

Basket-makers  and  brush-makers, 

9 

3 

3 

15 

1 

Blacksmiths  and  armourers, 

116 

55 

52 

221 

18 

Boys,             

.  .  . 

26 

26 

2 

Bricklayers  and  masons, 

23 

26 

15 

61 

5 

Butchers,      

35 

31 

18 

84 

7 

Carpenters,  

107 

68 

48 

223 

18 

Chandlers  and  merchants,    . 

5 

7 

2 

14 

1 

Clerks,          

144 

133 

131 

408 

31 

Coachmakers,       .... 

2 

5 

5 

12 

1 

Coopers,        ..... 

30 

18 

4 

52 

4 

Cotton-spinners,   .... 

11 

15 

7 

33 

3 

Dyers,  .         .         . 

7 

13 

6 

26 

2 

Farmers,       

23 

30 

53 

4 

Gardeners,    .         .         .         .         . 

3 

26 

11 

40 

3 

Gentlemen,           .... 

4 

12 

7 

23 

2 

Hairdressers,         .... 

9 

5 

1 

15 

1 

11 

9 

3 

23 

2 

Husbandmen  and  labourers, 

4414 

2368 

1487 

8269 

645 

Millers  and  millwrights, 

10 

9 

7 

26 

2 

Miners,          

9 

15 

9 

33 

3 

Nailers,         

36 

14 

7 

57 

4 

Painters,       

61 

3 

10 

74 

5 

Printers,        

6 

33 

3 

42 

3 

Saddlers,       ..... 

22 

12 

8 

42 

3 

Sawyers,       

10 

19 

6 

35 

3 

Schoolmasters  and  land-surveyors 

2 

10 

12 

1 

Servants,       

361 

268 

192 

821 

65 

Shoemakers,          .... 

252 

194 

112 

558 

43 

Slaters  and  stone-cutters,     . 

6 

15 

17 

38 

3 

Surgeons,      .         .         . 

.  .  . 

4 

2 

6 

Tailors,         

132 

128 

53 

313 

24 

Tanners,       .         .         •»'"'• 

1 

11 

1 

J3 

1 

Tinsmiths,    .        . 

8 

9 

6 

23 

2 

Weavers,      

300 

351 

163 

814 

63 

Forty-two  other  trades, 

23 

86 

94 

203 

16 

6229 

4018 

2588 

12S35 

1000 

I  believe  it  is  very  generally  observed,  that,  wherever  manufac- 
tures and  commerce  prevail,  so  as  to  he  a  source  of  opulence  to  the 
people,  the  military  profession  is  held  in  very  low  estimation. 
Wealth,  with  domestic  comfort,  discourages  any  enterprise  which 
is  attended  with  danger  and  uncertainty.  A  very  poor  man  may 
gain  something  by  enlisting,  and  he  has  little  or  nothing  to  lose. 


CLASS  FROM  WHICH   RECRUITS  ARE  PROCURED.  / 

It  is  remarked  by  Professor  Millar,  and  indeed  the  fact  is  notorious, 
that  "  when  the  son  of  a  tradesman  enlists  in  the  army,  he  is  looked 
upon  as  a  profligate  who  has  been  deluded  to  his  ruin,  and,  if  he 
cannot  be  bought  off,  he  is  given  up  for  lost."  The  amount  of  the 
pay  and  contingent  recompense  of  a  soldier  is  less  than  the  mean 
wages  of  the  manual  labour  classes  of  the  population,  and  a  very 
inadequate  return  for  the  dangers,  the  toils,  and  the  privations  to 
which  they  are  exposed.  Dr.  Jackson  says,  "the  desire  of  money 
to  buy  bread  fills  the  military  ranks ;"  and  I  may  add,  the  compa- 
ratively idle,  dissipated,  and  adventurous  life  of  a  soldier  seems  to 
have  a  very  seductive  influence  over  the  young  and  inconsiderate. 
Necessity,  not  an  ardent  liking  for  the  profession,  compels  many  to 
enlist,  they  having  lost  their  character,  or  contracted  habits  of  idle- 
ness or  improvidence,  which  more  or  less  exclude  them  from  the 
better  paid  walks  of  civil  industry,  by  which  means  they  are  con- 
strained to  devote  themselves  to  a  military  life. 

The  unpopularity  of  the  army  may  be  expected  to  increase,  in 
proportion  as  the  condition  of  the  manual  labour  class  of  the  popu- 
lation is  improved;  and  there  are  many  reasons  for  presuming  that 
the  circumstances  of  the  working  classes  are  greatly  meliorated 
within  the  present  century.  As  an  evidence  of  the  operation  of 
the  improved  condition  of  the  people  upon  the  recruiting  of  the 
army,  I  may  state  that,  on  an  average,  about  from  one-fourth  to 

one-third  of  the  men  who  enlist  at  the  head-quarters  of 

recruiting  district,  obtain  a  relief  from  enlistment,  by  paying  each 
the  smart  money  of  L.I.,  together  with  all  the  other  expenses 
which  have  been  incurred  on  their  account.  I  have  no  reason  to 
believe  that  an  equal  ratio  of  recruits  was  relieved  from  enlistment 
twenty  or  thirty  years  ago. 

larn  not  enabled  to  class  the  recruits  inspected  at  Dublin  accord- 
ing to  the  degree  of  instruction  they  had  received.  Had  I  been 
able  to  arrange  them  under  the  following  five  heads,  the  result 
would  have  conveyed  some  interesting  information  : 

1.  Neither  read  nor  write. 

2.  Read,  but  not  write. 

3.  Read  and  write  imperfectly. 

4.  Read  and  write  well. 

5.  Instruction  beyond  reading  and  writing. 

The  manual  labour  class  of  the  population,  from  which  recruits 
for  the  army  are  drawn,  may,  in  general,  be  placed  under  ihe  first 
three  heads;  and  as  it  may  be  presumed  the  men  who  enlist  for 
soldiers  have  not  commonly  received  a  degree  of  instruction  equal 
to  the  average  of  the  class,  their  literary  attainments  must  be  ex- 
tremely limited.  Hitherto  no  means  have  been  adopted  by  author- 
ity to  obtain  any  information  respecting-  the  intellectual  and  moral 
character  of  recruits,  or  the  instruction  they  have  received.  From 
some  attempts  which  have  been  made  to  ascertain  the  degree  of 
education  among  recruits  raised  in  Scotland,  it  would  appear  that 


8  MARSHALL  ON  THE  ENLISTING  OF  SOLDIERS. 

from  7  to  10  per  cent,  can  neither  rend  nor  write,  and  that  1  ont  of 
5  is  unable  to  sign  his  name.  Out  of  every. 100  young  men  en- 
rolled in  France  during  the  years  1823  and  1829,  in  the  military 
census,  36  could  read  and  write.  The  highest  degree  of  enlighten- 
merit  was  in  the  department  of  the  Meuse,  where  74  per  cent,  could 
read  and  write,  and  the  lowest  is  in  Correse,  where  only  12  per 
cent,  were  so  far  instructed. 

When  a  man  possesses  the  requisite  physical  strength  and  apti- 
tude, and  is  of  sound  mind,  he  is  considered  fit  for  military  service, 
no  farther  investigation  being  commonly  made  in  regard  to  his 
mental  qualities,  except  to  ascertain  that  he  has  not  a  "weak  o. 
disordered  intellect."  As  to  his  moral  character,  it  is  generally 
deemed  inexpedient  to  make  any  inquiries  on  the  subject;  for  what 
is  generally  called  a  good  character — namely,  a  character  for  moral- 
ity and  good  behaviour,  such  as  would  he  required  for  a  servant — 
does  not  appear  to  be  absolutely  necessary  in  a  recruit.  The  con- 
dition of  n  soldier  is  very  little  calculated  to  induce  an  industrious 
man,  who  can  obtain  subsistence  in  any  other  way,  to  embrace  it; 
consequently,  those  who  enter  the  service  are  commonly  thought- 
less youths,  petty  delinquents,  men  of  indolent  habits,  persons  who 
are  unable  to  procure  work,  or  who  are  in  very  indigent  circum- 
stances. The  great  desideratum  of  military  officers — namely,  that 
of  inducing  the  parents  and  friends  of  young  men  of  a  better  and 
more  educated  class  of  life  than  that  of  which  the  army  is  now 
composed,  to  encourage  their  enlistment,  and  by  that  means  to 
improve  the  moral  character  of  the  army — is  not  likely  to  he  real- 
ised. Experience  holds  out  no  hope,  that,  under  existing  circum- 
stances, any  but  the  worst  educated,  and  certainly  not  the  best 
conducted,  of  the  manual  labour  rank  of  the  population,  will  delib- 
erately make  choice  of  a  military  profession.  The  army  is  unpopu- 
lar, and  will  ever  continue  to  be  so  in  this  country,  not  in  conse- 
quence of  the  severity  of  the  punishments  of  military  service,  but 
on  account  of  the  necessary  restraints  upon  the  habits  of  the  man 
who  becomes  a  soldier,  and  the  severity  of  the  service  and  duties 
which  he  has  to  perform — namely,  service  for  life  at  moderate  pay, 
in  unw.holesome  climates,  at  great  distances,  and  incurring  enor- 
mous risk  to  health  and  life.  (Vide  Note  II.) 

By  an  ordinance  of  the  21st  March,  1832,  neither  a  substitute 
nor  a  volunteer  can  be  received  into  the  French  army  without  pro- 
ducing a  certificate  of  good  character  from  the  mayor  of  the  com- 
mune in  which  he  last  resided;  arid  in  the  case  of  a  volunteer  who 
may  be  under  twenty  years  of  age,  the  sanction  of  his  relations 
must  be  given  before  he  be  enrolled.  A  si.nilar  rule  obtains  in  the 
army  of  the  United  States  of  America  ;  for  no  officer  is  permitted 
to  enlist  a  recruit  who  is  under  age,  unless  the  consent  of  his 
parents,  guar  lians,  or  master,  should  previously  have  been  obtained 
in  writing.  Some  of  the  officers  of  the  French  army  entertain  a 
very  unfavourable  opinion  of  the  measure  of  recruiting  by  volun- 
tary enlistment.  Baron  Sagmat  (Considerations  sur  VArt  de  la 


MINIMUM  AGE  OF  RECRUITS.  9 

Guerre)  states  that  voluntary  enlistment  made  the  French  army  a 
receptacle  for  deserters  and  foreigners  of  all  nations,  idle  profligates, 
by  whom  the  noblest  of  all  professions  was  rendered  contemptible 
and  degraded  to  such  a  degree,  that  an  honest  man,  instead  of  being 
proud  when  his  son  engaged  in  the  service  of  his  country,  blushed 
with  shame  when  he  saw  him  enrolled  as  a  soldipr.  1  presume 
this  account  of  the  volunteers  of  the  French  army  "applies  to  the 
period  of  the  war,  for  at  present  the  substitutes  are  excellent  sol- 
el  ier?,  and  not  remarkable  for  misconduct.  General  Foy  charac- 
terizes that  class  of  the  population  who  voluntarily  enlist,  as  ';  the 
scum  of  society,"  "the  dregs  of  the  people,"  whose  constitutions 
are  impaired,  and  whose  morals  are  depraved,  by  the  vices  and 
excesses  of  large  towns;  persons  who  engage,  as  in  the  time  of 
Francis  I.,  "  Iyer  pour  virre."  The  French  government  does  not 
seem  to  encourage  the  recruiting  of  the  army  by  voluntary  enlist- 
ment. The  care  that  is  taken  to  prevent  profligate  characters  from 
entering  the  service  will,  in  some  measure,  operate  as  a  means  of 
preserving  the  morals  of  the  conscripts,  of  whom  the  army  is  prin- 
cipally composed. 

Minimum  age  of  Recruits. — The  period  of  life  when  a  youth 
may  be  deemed  fit  for  military  service,  is  a  highly  important  ele- 
ment in  the  selection  of  recruits.  Before  a  youth  has  acquired  the 
physical  and  moral  qualities  calculated  to  enable  him  to  endure  the 
fatigue,  and  to  execute  the  duties,  incident  to  a  military  life,  a  cer- 
tain age  must  be  attained.  When  a  youth  is  examined  by  a  medi- 
cal officer,  regard  should  be  had  to  the  nature  of  the  duties  which 
may  be  required  of  soldiers,  before  he  is  approved.  The  arms, 
clothing,  and  necessaries,  carried  by  an  infantry  soldier,  commonly 
amount  to  about  60  or  62  pounds;  and  as  troops,  even  during  a 
period  of  peace,  are  constantly  liable  to  move  from  one  place  to 
another,  a  man  cannot  be  considered  an  efficient  soldier  who  is  not 
easily  able  to  undergo  a  march  of  a  few  weeks.  It  will  be  recol- 
lected that,  when  bodies  of  troops  are  obliged  to  act  simultaneously, 
any  exertion  to  which  they  are  exposed  may  be  easily  executed  by 
the  general  mass;  but  if  a  portion  of  the  men  is  unable  to  sur- 
mount tfie  fatigue  without  great  difficulty,  the  operations  of  the 
corps  or  army  are  thereby  retarded,  as  the.  exertions  of  the  whole 
must  be  more  or  less  regulated  by  the  men  who  are  the  least  effi- 
cient. Great  and  long-protracted  exertions,  whether  in  marching 
with  a  heavy  knapsack,  or  in  military  exercises,  tend  to  exhaust 
the  frame,  more  especially  of  young  striplings,  who  may  be  very 
willing,  but  who  are  commonly  unable  to  undergo  the  fatigue  which 
men  a  few  years  older  are  capable  of  executing  with  ease. 

Dr.  Fallot,  in  his  excellent  work  on  the  duty  of  inspecting  con- 
scripts. &c..  thus  expresses  himself:  "To  conclude,  conscripts  at 
tho  age  of  18  have  not  attained  their  full  growth  ;  and  medical  men 
are  well  aware  that  the  complete  developement  of  the  hurmn  body 
requires  an  exemption  from  great  fatigue,  abundance  of  healthy 
nourishment,  undisturbed  sleep,  and  a  tranquil  mind — a  concur- 


10  MARSHALL  ON  THE  ENLISTING  OF  SOLDIERS. 

rence  of  circumstances  which  never  occurs  in  the  army." — (Memo- 
rial de  Vexpert  dans  la  Visite  Sanitaire  dcs  Homines  de  Guerre. 
Bruxelles,  1837.) 

During  a  period  of  war,  the  necessity  of  physical  power  as  well 
as  health,  in  carrying  on  aggressive  operations,  is  universally  ad- 
mitted. When  a  stripling  soldier  complains  that  he  is  unable  fora 
particular  duty,  he  is  frequently  sent  to  the  surgeon  of  the  corps, 
who,  in  his  turn,  sends  him  back  to  his  company,  because  physical 
weakness,  without  disease,  is  not  always  recognised  as  an  adequate 
reason  for  receiving  a  man  into  hospital,  or  admitting  him  on  the 
sick  list.  Over-exertion,  however,  soon  produces  disease  in  a  youth, 
when  he  must  become  an  inmate  of  the  hospital.  War  in  modern 
times  consists  so  much  in  the  science  of  making  men  march  for  the 
purpose  of  striking  an  unexpected  blow  on  the  enemy,  that  the 
efficiency  of  soldiers  depends  greatly  on  their  capacity  for  execut- 
ing long  marches  with  comparative  ease.  Marshal  Saxe  and  Gene- 
ral Foy,  both  of  whom  had  great  military  experience,  do  not  hesi- 
tate in  stating  that  tho  secret  of  war  lies  in  the  power  of  marching; 
namely,  in  the  strength  of  the  legs.  Young  lads  will  fight  with 
great  gallantry,  but  they  are  unable  to  endure  the  fatigue  of  long 
marches  in  wet  weather,  or  upon  heavy  roads.  Napoleon  some- 
times transported  his  young  infantry  soldiers  to  distant  stations  by 
post  carriages,  for  the  purpose  of  preserving  their  health,  strength, 
and  efficiency. 

Recruits  for  an  army  should  therefore  be  selected  with  a  view 
to  their  capabilities  of  resisting  the  influence  of  the  physical  and 
moral  causes  of  disease  to  which  they  may  be  exposed,  and  the 
fatigues  and  privations  they  are  liable  to  undergo.  These  facts  are 
well  known,  and  indeed  familiar,  to  all  classes  of  officers  who  have 
lived  with  soldiers,  and  who  have  encountered  difficnties  with 
them;  so  that  any  argument  calculated  to  show  the  impolicy  of 
enlisting  very  young  recruits  may  appear  to  be  superfluous.  M. 
Coche,  in  his  valuable  work  entitled  "Dc  V Operation  Medicate  dn 
Recrittemeut  el  des  Inspections  Generates"  says,  "I  shall  con- 
clude these  important  considerations  by  stating  my  deliberate  opi- 
nion, that  recruits  at  18  years  of  age  are  commonly  unfit  for  the 
duties  of  the  army,  not  only  in  time  of  war,  but  even  in  a  period  of 
peace."  "  Even  during  peace,  volunteers  of  18  or  19  years  of  age. 
who  do  not  possess  unusual  strength,  frequently  pass  two,  three, 
and  even  four  years  of  their  period  of  engagement  (eight  years)  in 
hospital,  should  they  not  be  discharged.  This  is  what  takes  place 
in  corps  of  the  line,  as  must  have  been  observed  by  military  as  well 
as  medical  officers." 

Numerous  examples  might  be  adduced  to  show  that  young  lads 
are  much  less  able  to  endure  the  fatigue  of  marching  than  men  a 
little  more  advanced  in  life.  During  the  year  1805,  a  French 
army,  which  was  cantoned  in  the  neighbourhood  of  Boulogne, 
marched  about  400  leagues  to  join  the  grand  army  in  Moravia, 
before  the  battle  of  Austerlitz,  which  was  fought  on  the  2d  Becem- 


MINIMUM  AGE  OF  RECRUITS.  11 

her.  This  object  it  effected  without  leaving  almost  any  sick  in  the 
hospitals  on  the  route.  The  men  of  this  army  had  served  two 
years,  and  were  all  above  22  years  of  age.  Compare  the  above 
result  with  the  march  of  another  army  under  different  circum- 
stances. During  the  campaign  of  1809,  the  troops  cantoned  in  the 
north  of  Germany  marched  to  Vienna,  which  is  a  much  shorter 
distance  than  that  which  the  other  army  travelled ;  but,  by  the 
time  they  arrived  at  the  place  of  their  destination,  all  the  hospitals 
on  the  road  were  filled  with  sick.  The  first  battle  which  took 
place  this  campaign  was  that  of  Eckmiihl,  which  was  fought  on 
the  22d  April.  More  than  one  half  of  the  men  composing  this 
army  were  under  20  years  of  age,  the  annual  levy  of  conscripts 
having  been  anticipated.  After  the  battle  of  Leipsic,  Napoleon 
made  great  exertions  to  recruit  his  army,  and  called  upon  the  mem- 
bers of  the  legislative  senate  to  give  him  their  assistance,  to  which 
they  showed  some  reluctance.  "Shame  on  you!"  cried  the  em- 
peror. *  *  *  "  I  demand  a  levy  of  300,000  men — but  I  must 
have  grown  men — boys  serve  only  to  fill  the  hospitals,  and  encum- 
ber the  road-side."  During  the  last  three  years  and  five  months  of 
the  Peninsular  war,  the  period  when  the  greatest  activity  prevailed, 
the  mean  strength  of  the  British  army  amounted  to  61,511  men, 
and  the  sick  to  13,815,  being  22i  per  cent.  There  is  perhaps  little 
doubt  that  a  large  portion  of  the  inefficient  troops  were  unfit,  in 
consequence  of  inadequate  physical  strength,  more  than  from  actual 
sickness.  The  mean  ratio  of  inefficiency  from  wounds  did  not  ex- 
ceed 1£  per  cent. — (Edmonds.} 

Although  young  lads  are  unfit  to  surmount  the  fatigue  of  warlike 
operations  and  long  marches  so  well  as  full-grown  men,  it  has  been 
satisfactorily  ascertained,  that,  in  time  of  peace,  and  when  they  are 
not  exposed  to  much  physical  exertion,  the  ratio  of  mortality  is  in- 
variably lower  among  young  than  old  soldiers.  This  result  obtains 
in  all  climates  where  British  troops  are  employed  ;  and  it  would 
appear,  that  the  mortality  rises  in  nearly  an  exact  ratio  with  the 
age  of  individuals.  Age  has  been  found  the  chief  regulator  of  the 
ratio  of  mortality  among  the  indigenous  inhabitants  of  all  coun- 
tries;  and  this  law  of  nature  does  not  appear  suspended  or  inter- 
rupted among  British  troops  serving  in  tropical  climates.  (Vide 
Note  III.) 

In  a  moral  point  of  view,  it  appears  to  be  impolitic  to  enlist  lads 
at  a  very  early  age.  What  degree  of  prudence  or  discretion  can 
be  expected  of  a  stripling  of  16,  17,  or  even  18  years  of  age? 

He  cannot  be  aware  of  the  importance  and  consequence  of  his  en- 
gagement ;  and  it  appears  rather  an  anomaly  in  the  law  of  the  coun- 
try, that  while  a  young  man  is  incapacitated  for  making  a  will,  so 
as  to  dispose  of  real  or  even  personal  property  before  he  has  reached 
21  years  of  age,  he  is,  nevertheless,  permitted  to  surrender  his  liberty 
for  life.  By  an  order  which  was  issued  from  the  Horse  Guards, 
dated  28th  December,  1804,  L-2.  2s.  was  allowed  to  parents  who 


12  MARSHALL  ON  THE  ENLISTING  OF  SOLDIERS. 

brought  a  boy  under  16  years  of  age,  and  who  was  5  feet  2  inches 
in  height.  A  similar  sum  was  allowed  to  the  bringer  of  a  boy. 
although  no  relationship  existed  between  them.  Young  lads  rarely 
enlist  from  a  decided  predilection  for  a  military  life:  this  irretriev- 
able and  important  step  is  commonly  taken  in  consequence  of  some 
sudden  thought  or  fit  of  passion,  occasioned  by  a  domestic  broil, 
chagrin  or  disappointment,  jnebriety,  want  of  work,  indigence,  and 
perhaps  a  few  are  excited  to  take  "the  shilling,"  the  smybol  of  en- 
listment, by  the  finesse  of  a  recruiting  serjeant.  "They  figure  to 
themselves,  in  their  youthful  fancies,  a  thousand  occasions  of  ac- 
quiring honour  and  distinction  which  never  occur.  These  roman- 
tic hopes  make  the  whole  price  of  their  blood.  Their  pay  is  less 
than  that  of  common  labourers;  and,  on  actual  service,  their 
fatigues  are  much  greater.  A  young  man  may  go  to  sea  with  his 
father's  consent;  but  if  he  enlists,  it  is  always  without  it." — (  Wealth 
of  Nations.} 

As  enlistment  is  seldom  or  never  entered  upon  from  mature  de- 
liberation, it  may  easily  be  inferred,  that  stripling  recruits  frequently 
soon  feel  more  or  less  the  sentiments  of  regret,  remorse,  and  depres- 
sion of  spirits,  followed  by  impaired  health,  home-sickness,  and  com- 
parative inefficiency.  The  army  is  not  a  natural  state  of  society; 
and  every  considerable  deviation  from  the  natural  condition  of 
mankind  brings  with  it  a  corresponding  deleterious  influence  on 
the  constitution  of  individuals,  more  especially  upon  youths,  who 
are  very  susceptible  of  the  injurious  consequences  of  sudden  changes. 
The  indissoluble  and  interminable  nature  of  a  man's  engagement — 
hopelessness,  change  of  diet,  new  comrades,  and  new  habits — re- 
moval from  friends — the  thraldom  of  command,  and  the  restraints 
of  discipline — all  contribute  to  occasion  great  mental  disquietude, 
which  in  young  lads  is  a  frequent  precursor  of  impaired  health  and 
physical  inefficiency. 

"Flow  often  does  it  happen,"  says  Kirckhoff,  (Hygiene  Mlli- 
taire,)  "that  an  inexperienced  youth  is  deluded  by  a  recruiling  ser- 
jeant, or  excited  by  an  ebullition  of  passion,  or  a  paroxysm  of  in- 
ebriety, to  enlist — a  measure  which  fie  deeply  regrets  before  the 
succeeding  morning!  He  becomes  dejected  — the  love  of  home,  and 
of  friends  whom  he  may  never  see,  paralyses  his  mind  and  ruins 
his  health;  he  is  incapable  of  being  made  an  efficient  soldier,  and 
frequently  terminates  his  career  in  hospital."  This  is  a  picture  of 
what  occurs  in  the  army  of  the  King  of  the  Netherlands,  which  has 
very  little  foreign  service,  and  in  which  the  period  of  engagement 
extends  to  only  five  or  six  years.  How  different  is  the  prospect  of 
a  soldier  in  the  British  army!  two  thirds  or  three  fourths  of  whose 
service  must  be  abroad,  chiefly  in  tropical  climates,  and,  as  his  en- 
gagement is  unlimited,  he  can  have  no  hope  of  regaining  his  liberty 
until  his  health  is  gone,  and  his  constitution  irrecoverably  exhaust- 
ed. To  enlist  recruits  before  they  have  acquired  sufficient  strength 
to  qualify  them  to  execute  the  duties,  and  to  undergo  the  fatigues 


MAXIMUM  AGE  OF  RECRUITS.  13 

of  a  military  life,  is  to  multiply  the  victims  of  disease  and  vexation, 
and  to  augment  the  expenses  of  an  army  without  adding  to  its 
strength. 

In  general,  no  great  dependence  can  be  placed  upon  the  age  of  a 
recruit  as  stated  by  himself  on  enlistment;  but  a  suitable  age  is 
only  one  important  element  in  the  choice  of  a  recruit.  Lads  of  18 
are  sometimes  more  matured,  and  possess  in  a  greater  degree  the 
qualities  which  constitute  an  efficient  soldier,  than  some  men  of  20 
or  21  years.  The  changes  in  the  physical  character  of  man  are 
so  imperceptible,  and  the  transition  so  little  apparent,  that  no  very 
definite  marks  of  particular  age  can  be  assigned.  During  the  age 
of  adolescence  the  head  is  often  comparatively  large,  the  spine 
straight  and  long,  and  the  inferior  extremities  proportionally  ex- 
tenuated. At  about  19  or  twenty  years  of  age  some  of  the  wisdom 
teeth  generally  appear.  This  circumstance,  although  liable  to  many 
exceptions,  is  the  most  specific  mark  that  organisation  affords  of  a 
particular  period  of  life.  The  bones  become  gradually  thicker,  the 
joints  strong,  and  the  shoulders  broad — the  muscles  firmer  and 
better  developed. 

Maximum  age  of  Recruits. — It  is  desirable  that  a  young  man 
should  join  the  army  as  soon  as  he  has  acquired  the  necessary  phys- 
ical power,  and  his  constitution  has  been  so  far  matured  as  to  ena- 
ble him  to  undergo  the  bodily  exertion  which  may  be  required  of 
soldiers.  Kirckhoff,  physician  to  the  army  of  the  King  of  the 
Netherlands,  who  had  much  experience  of  active  warfare,  thus  ex- 
presses himself  in  regard  to  the  minimum  and  maximum  age  of 
recruits.  "  We  ought  to  establish  it  as  a  general  rule  not  to  receive 
<L  recruit  into  the  army  below  20  years  of  age,  or  above  25.  Under 
20  years  of  age  a  man  lias  not  the  requisite  strength  to  enable  him 
to  undergo  the  fatigue  of  military  duty,  and  after  25  his  joints  do 
not  possess  that  flexibility  or  freedom  of  motion  which  is  necessary 
for  acquiring  the  discipline  of  a  soldier."  As  recruits  engage  for  an 
unlimited  period,  it  is  of  great  importance  that  they  should  not  be 
enlisted  at  an  advanced  period  of  life,  and  perhaps  24  or  25  is,  under 
existing  circumstances,  the  utmost  age  at  which  a  man  should  be 
received  into  the  army.  An  extremely  small  proportion  of  the  men 
belonging  to  infantry  corps  of  the  line  exceed  40  years  of  age,  I 
believe  about  5  per  cent.  By  the  time  they  reach  that  age  they 
have  nearly  all  become  unfit  for  active  service,  and  require  to  be 
discharged  on  account  of  disabilities.  The  period,  therefore,  during 
which  a  man's  efficient  service  may  be  depended  upon,  is  limited  to 
between  20  and  40  years  of  age.  But  there  is  another  consideration 
which  ought  not  to  pass  unnoticed, — namely,  that  many  of  the  men 
who  enlist  after  25  or  26  years  of  age,  are  habitually  dissipated  and 
profligate  characters,  or  persons  who  have  been  unsuccessful  in 
business,  broken-down  gentlemen,  discharged  soldiers,  deserters, 
<fec.  all  of  which  classes  of  society  are  very  ineligible  recruits.  It  has 
already  been  stated,  that  implicit  credit  should  not  always  be  given 
to  the  statements  of  men  in  regard  to  their  age.  This  is  particularly 
7 — c  2  mar 


14  MARSHALL  ON  THE  ENLISTING  OF  SOLDIERS. 

the  case  in  the  older  class  of  recruits,  as  men  of  35  not  nnfrequently 
assert  that  they  are  not  above  25  years  of  age  ;  and  to  promote  the 
deception,  Warren's  blacking  is  employed,  when  required,  to  con- 
ceal the  brightness  of  gray  hairs.  In  such  cases  the  period  of  life 
must  be  estimated  by  physiological  appearances,  not  by  the  testimony 
of  a  recruit.  After  25  or  26  years  of  age,  corpulency,  to  a  certain 
extent,  commonly  supervenes,  with  more  or  less  prominence  of  the 
belly.  The  approach  to  an  advanced  period  of  life  is  indicated  by 
wrinkles  on  the  forehead,  particularly  round  the  eye.  in  consequence 
of  the  absorption  of  fat,  and  by  the  muscles  becoming  less  firm,  the 
skin  softer,  and  the  extremities  less  plump. 

I  have  no  materials  which  are  calculated  to  enable  me  to  state 
with  any  degree  of  accuracy,  the  average  annual  number  of  recruits 
required  for  the  British  army  in  time  of  peace.  The  annual  mor- 
tality may  perhaps  be  estimated  at  about  4000,  and  the  men  dis- 
charged at  an  equal  number, — amounting  together  to  8000 ;  but  this 
number  does  not  include  the  annual  decrement  by  desertion.  I  am 
disposed  to  presume  that  from  1  1,000  to  12.000  recruits  will  be  an- 
nually required  to  supply  the  vacancies  which  occur  in  the  army. 
—(Vide  Note,  No.  IV.) 

Having  premised  these  remarks  on  the  mode  of  enlisting  recruits, 
and  the  general  qualifications  necessary  for  soldiers,  I  shall  now 
proceed  to  consider  in  detail  the  causes  on  account  of  which  a  recruit 
ought  to  be  considered  unfit  for  the  army  by  a  medical  officer. 

(Circular,  No.  686.) 

SIR,  WAR  OFFICE,  30/A  July,  1830. 

I  have  the  honour  to  forward  for  your  information,  a  copy  of 
instructions  dated  the  30th  July.  1830,  which  have  been  issued  with 
my  concurrence  by  the  Army  Medical  Board,  to  medical  staff,  and 
regimental  officers,  relative  to  the  inspection  of  recruits,  and  of 
soldiers  brought  forward  for  discharge,  and  to  desire  that  you  will 
cause  these  instructions  to  be  strictly  attended  to  in  the  regiment 
under  your  command. 

I  have  the  honor  to  be,  Sir, 

Your  most  obedient  humble  Servant, 

H.  HARDINGE. 
Officer  Commanding- 
Regiment  of 

ARMY  MEDICAL  DEPARTMENT. 

Instructions  for  the  Guidance  of  Staff  and  Regimental  Officers 
belonging-  to  the  Medical  Department,  in  the  ditty  of  examining 
Recruits  who  may  be  brought  before  them  for  Inspection. 

I.  The  leading  object  of  the  following  instructions  is  to  guard 
against  the  approval  of  recruits  for  the  army,  whose  health  of  body 
or  mind  is  unsound,  who  have  any  suspected  taint  of  disease  or  dis- 


QUALITIES  OF  RECRUITS.  15 

ability,  and  who,  at  the  period  of  inspection  are  incapable  of  under- 
going the  fatigue  to  which  troops  are  liable. 

.II.  Medical  officers  of  the  army  are.  from  their  professional  know- 
ledge and  experience  of  the  duties  of  a  soldier,  presumed  to  be  capable 
of  forming  a  correct  opinion  of  the  health  of  recruits,  their  capacity 
for  exertion,  and  general  efficiency.  The  external  characters  of 
a  sound  constitution  and  efficient  limbs  may  be  briefly  stated,  viz.  a 
tolerably  just  proportion  between  the  trunk  and  different  members 
of  the  body,  a  countenance  expressive  of  health,  with  a  lively  eye — 
skin  firm  and  elastic — lips  red — teeth  in  good  condition — voice 
strong — chest  capacious  and  well  formed — belly  lank — limbs  mus- 
cular— feet  arched  and  of  a  moderate  length — hands  rather  large 
than  small.  The  reverse  of  these  marks  of  a  good  constitution 
and  efficiency,  may  be  considered  to  indicate  infirm  health  or 
inefficiency. 

III.  The  question  of  fitness  or  unfitness  in  a  recruit,  must  in  a 
great  measure  be  determined  by  the  discretion  arid  experience  of  the 
officer  who  inspects  him,  for  no  rule  can  be  formed  of  so  definite  a 
character  as  to  dispense  with  the  exercise  of  the  deliberate  reflection 
and  judgment  of  a  medical  officer. 

[The  essential  qualities  of  a  good  recruit  may  be  comprehensively 
stated  in  a  few  words,  namely,  a  suitable  age  ;  aptness  for  military 
duti/;  a  healthy  body,  and  a  sound  mind.  These  principal  or 
essential  qualities  may  exist  with  a  number  of  blemishes,  which  in 
the  opinion  of  an  unfettered,  conscientious,  skilful,  and  experienced 
medical  officer,  may  be  considered  of  no  material  importance,  inas- 
much as  they  do  not  impair  a  man's  efficiency,  or  diminish  his 
prospective  longevity.  It  is  very  desirable  that  medical  officers 
should  arrive  at  some  degree  of  uniformity  in  regard  to  their  estima- 
tion of  the  fitness  or  unfitness  of  recruits.  One  medical  officer  fixes 
his  attention  upon  the  maximum  of  the  good  qualities  of  recruits, 
and  rejects  about  2000  out  of  every  3000  whom  he  examines;  while 
another,  who  is  guided  by  the  spirit  of  his  instructions  keeps  in 
mind  the  minimum  of  efficiency  of  recruits,  and  approves  of  2000 
out  of  every  3000  whom  he  inspects.  The  difference  of  these  two 
results  is  highly  important  in  a  financial  as  well  as  military  point 
of  view.] 

IV.  As  soldiers  are  liable  to  serve  in  every  variety  of  climate,  to 
endure  great  changes  of  temperature,  to  be  exposed  to  frequent  vicis- 
situdes of  weather,  to  undergo  much  fatigue,  to  brave  the  greatest 
danger,  and  often  to  sustain  considerable  privations  of  the  common 
necessaries  of  life,  recruits  should  possess  vigorous  constitutions  and 
great  muscular  capability ; — hence  no  man  ought  to  be  approved 
for  the  service  whose  health  is  unsound,  and  who  does  not  possess 
adequate  strength  for  the  duties  which  he  may  be  called  upon  to 
perform, 

[Until  towards  the  end  of  the  last  century,  it  appears  that  the  duty 
of  examining  and  approving  of  recruits  for  the  army  belonged  chiefly 
to  the  captains  and  field  officers  of  regiments,  and  that  the  assistance 


16  MARSHALL  ON  THE  ENLISTING  OF  SOLDIERS. 

of  medical  officers  was  not  essentially  required  for  that  purpose.  In 
the  business  of  inspecting  recruits  medical  officers  have  usually  had 
their  attention  directed  chiefly  to  the  assumed  indications  of  ineffi- 
ciency or  inaptitude  of  candidates  for  the  army;  whereas  the  in- 
structions of  military  officers  uniformly  bear  prominently  in  mind 
the  efficient  qualities  of  recruits.  Two  examples  may  be  given  from 
military  writers. 

"  Forasmuch  as  the  profession  of  a  souldier  is  of  all  other  the  most 
painefull,  it  is  requisite  that  he  be  of  a  strong  composition  of  body  to 
abide  both  heate  and  cold,  hunger,  and  thirst,  travell  and  watching, 
and  that  when  he  enter  into  this  course  of  life,  he  put  on  a  resolu- 
tion to  abide  all  kind  of  hardnesse." — Stratioticos  by  Thomas 
Digges,  Esq.  London,  1590. 

"In  recruiting  the  regiment  no  man  shall  be  entertained  exceed- 
ing 6  feet ;  nor  under  5  feet  11  inches,  in  stockings.  They  must  be 
well-faced,  well-shouldered,  well-limbed,  light-timbered  men,  and 
known  to  be  Protestants.  Their  age  from  18  to  23." — (Standing 
orders  for  the  Rnyal  Dragoons  of  Ireland,  1738.)] 

V.  The  following  enumeration  of  the  more  common  causes  for 
which  a  recruit  should  be  rejected,  when  any  of  them  exist  to  such 
a  degree  as  will  immediately,  or  in  all  probability  at  no  very  dis- 
tant period,  impair  a  man's  efficiency,  is  intended  as  a  general  guide 
to  medical  officers  in  the  performance  of  the  duty  of  inspecting 
recruits. 

1. — Feeble  constitution: — unsound  health  from  whatever  cause, 
indications  of  former  disease,  as  leech-bites,  traces  of  blisters, 
thereby  showing  a  liability  to  infirm  health,  nodes,  glandular 
swellings,  or  other  symptoms  of  scrofula,  &c.  &c. 

[Feeble  Constitution. — The  disqualifying  effects  of  a  feeble  consti- 
tution will,  perhaps,  be  better  appreciated  by  a  few  observations 
relative  to  a  robust  healthy  frame  than  by  any  other  means.  A  good 
constitution  implies  a  due  proportional  developement  and  healthy 
condition  of  the  various  organs  of  the  body.  Persons  who  have 
strong  constitutions  are  not  only  less  liable  to  disease  than  those 
whose  constitutions  are  weak,  but  when  they  are  attacked,  the 
symptoms  commonly  yield  to  remedial  means,  and  recovery  is  not 
often  tedious.  Tall  men  are  presumed  to  be  more  liable  to  disease 
than  middle-sized  persons,  and  their  complaints  are  alleged  to  be 
more  apt  to  become  chronic.  They  are  seldom  able  to  endure  long 
continued  fatigue  so  well  as  men  of  a  medium  height,  and  in  general 
they  act  with  less  energy.  "  Les  petits  rcsistent  long-terns,  les 
collosses  succombent  de  bonne  heure.  La  campagne  de  Moscou  est 
decisive  a  cet  egard"  (Coche.)  Men  of  short  stature  are  usually 
thicker  and  stouter  in  their  relative  proportions  than  persons  who 
are  much  above  the  medium  height.  A  tall  man  has  in  general  very 
obviously  a  less  capacious  thorax  in  proportion  to  his  height  than  a 
middle-sized  man.  Certain  trades,  occupations,  and  conditions  of 
life,  are,  in  some  degree,  indicative  of  the  state  of  the  health  or  consti- 


UNSOUND  HEALTH.  17 

tution.  A  very  small  proportion  only  of  the  children  of  soldiers  reach 
the  age  of  manhood  ;  and  those  who  survive  the  privations  and 
exposure  they  undergo  are  commonly  stunted,  often  scrofulous,  and 
frequently  vicious.  This  observation  applies  not  only  to  boys 
brought  up  with  their  parents,  but  also  to  the  children  of  soldiers 
who  have  been  received  into  the  Royal  Military  Asylum  at  Chelsea, 
and  the  Royal  Hibernian  Military  School,  Dublin.  Men  of  idle 
habits  and  greatly  depraved  morals  make  excessively  bad  soldiers ; 
they  are  seldom  long  out  of  the  hospital  or  the  guard-room.  Persons 
who  have  been  abundantly  supplied  with  food,  and  who  have  been 
engaged  in  rural  employments,  are  presumed  to  be  more  likely  to 
become  healthy  efficient  soldiers,  than  artisans  and  the  enfeebled  or 
often  vicious  inhabitants  of  large  towns.  A  great  many  of  the  con- 
scripts found  unfit  for  the  army  in  the  French  service  are  rejected 
in  consequence  of  a  weak  habit  of  body.  The  mean  annual  num- 
ber of  conscripts  examined  during  the  years  1831,  1832,  and  1833, 
amounted  to  126,669,  of  which  number  11,007  were  exempted  from 
serving  on  account  of  feebleness  of  constitution,  being  87  per  1000, 
or  nearly  9  per  cent.  But  notwithstanding  all  the  care  that  can  be 
taken  to  execute  the  duty  of  examining  recruits,  in  a  conscientious 
manner,  towards  the  country,  the  recruits  themselves,  and  the  per- 
sons employed  on  the  recruiting  service,  individuals  may  be  occa- 
sionally approved  who  will  not  become  good  soldiers, — sometimes 
on  account  of  physical  inefficiency,  and  sometimes  from  intellectual 
incapacity.  The  Romans  were  well  aware  of  this  circumstance; 
and,  consequently,  a  conscript  was  never  finally  approved  until  he 
underwent  a  probation  of  four  months.  If,  by  the  end  of  this  period, 
it  had  been  satisfactorily  ascertained  that  he  possessed  the  requisite 
aptitude  and  strength,  to  enable  him  to  surmount  the  hardships  of 
a  soldier's  life,  with  a  sufficient  .mental  capacity  for  acquiring  a 
knowledge  of  his  profession,  and  a  due  degree  of  courage,  he  re- 
ceived the  military  mark,  which  was  indelibly  imprinted  on  the 
hand,  probably  by  branding.  This  mark  served  not  only  to  show 
that  a  man  had,  after  trial,  been  approved,  but  also  to  discover  de- 
serters. The  Apostle  Paul  is  supposed  to  allude  to  this  military 
custom,  GALATIANS,  vi.  17. 

Unsound  Health. — The  causes  on  account  of  which  recruits  may 
be  found  unfit  for  military  service  are  comprehended  under  three 
heads,  namely,  low  stature,  deformities,  and  infirmities  (unsound 
health.)  The  duty  of  a  medical  officer  is  limited  to  an  examination 
of  the  last  two  heads.  Disease,  or  imperfect  health,  implies  a  state 
of  the  body  in  which  the  exercise  of  some  of  its  functions  is  impaired. 
Unsound  health  comprehends,  therefore,  every  variety  of  disability 
which  is  not  included  under  the  head  deformity.  It  includes  not 
only  all  the  obvious  infirmities,  but  also  obscure  and  periodic  disa- 
bilities, which  consequently  may  be  simulated.  Among  the  latter 
class  may  be  enumerated  mental  alienation,  stammering,  deafness, 
epilepsy,  vertigo,  lameness,  rheumatism,  pain  in  some  part  of  the 
body,  morbid  paleness,  indicative  of  an  unhealthy  constitution. 


18  MARSHALL  ON  THE  ENLISTING  OF  SOLDIERS. 

When  the  evidence  of  the  existence  of  a  disability  depends  solely 
upon  the  testimony  of  a  recruit,  a  medical  officer  must  consider 
well  how  far  he  is  warranted  in  finding  him  unfit  on  that  account. 
The  man  may  no  doubt  state  the  truth,  and  he  may  be  liable  to  epi- 
lepsy, for  example ;  but  the  presumptive  evidence  against  his  state- 
ment may  be  stronger  than  his  testimony  ;  and  a  medical  officer 
ought  to  incur  no  blame  for  approving  of  a  man  under  such  circum- 
stances. Commonly,  however,  in  alleged  epileptic  cases,  not  a  word 
is  said  of  a  disability  at  examination  ;  the  recruit  swears,  on  being 
attested,  that  he  has  never  been  subject  to  fits;  he  is  transferred 
from  the  depot,  where  he  enlisted,  to  the  head-quarters  of  the  regi- 
ment to  which  he  belongs,  inspected  by  the  surgeon  of  the  corps  and 
finally  approved.  By  and  by  the  man  alleges  that  he  fis  affected 
with  epilepsy^and  states  that  he  has  suffered  from  this  disability  for 
several  years.  He  is  discharged;  and  the  staff-surgeon  who  pri- 
marily examined  him,  receives  a  reprimand,  sometimes  by  being 
directed  to  pay  increased  attention  to  the  orders  issued  for  the  exam- 
ination of  recruits.  Persons  who  have  not  had  much  practical  ex- 
perience of  the  examination  of  recruits  are  not  aware  of  the  difficul- 
ties of  the  duty,  and  the  contending  interests  which  it  involves. 
"With  respect  to  epilepsy,  they  frequently  presume,  that  a  man  who 
is  liable  to  the  disease  has  a  particular  cast  of  countenance,  whereby 
his  alleged  disability  may  be  discovered.  This  presumption  of 
knowledge  is,  I  believe,  a  complete  fallacy.  A  case  of  this  kind 
happened  to  a  staff-surgeon,  a  friend  of  mine,  who,  being  conscious 
that,  in  the  performance  of  his  duty,  he  was  minute,  vigilant,  cau- 
tious, and  strictly  attentive  to  all  the  orders  and  instructions  which 
had  been  issued  in  regard  to  the  inspection  of  recruits,  felt  somewhat 
vexed  and  hurt  when  he  received  the  usual  admonition  or  repri- 
mand. In  his  defence  he  addressed  the  following  query  to  three 
eminent  medical  gentlemen,  whose  character  for  talents  and  experi- 
ence was  well  known  : — 

"Are  you  acquainted  with  any  peculiarities  of  appearance  by 
which  you  are  able  to  detect  the  existence  of  epilepsy,  where  the 
general  health  of  an  individual  liable  to  that  disease  appears  to  be 
good?" 

The  answer  from  each  of  the  three  medical  gentlemen  was  in  the 
negative.  They  knew  of  no  sign  by  which,  on  viewing  a  recruit 
subject  to  epilepsy,  the  disease  could  be  detected.  My  friend  con- 
sidered this  vindication  due  to  his  own  character,  for  professional 
knowledge  and  attention  to  his  duty.  In  the  Ordnance  Medical 
Regulations  for  the  examination  of  recruits,  careful  inquiry  is  di- 
rected to  be  made,  as  to  a  man's  ever  having  been  troubled  with 
fits ;  but,  it  may  be  asked,  where  is  the  inquiry  to  begin  and  where 
is  it  to  end?  The  statement  of  a  recruit,  in  regard  to  the  disability 
in  question,  either  negatively,  or  affirmatively,  is  not  very  conclu- 
sive ;  and  there  is  no  other  more  satisfactory  source  of  information. 

Numerous  orders  and  instructions  have  from  time  to  time  been 
issued,  for  the  purpose,  among  others,  of  preventing  the  loss  sus- 


UNSOUND  HEALTH.  19 

tained  by  the  public  service,  in  the  admission  of  recruits  who  have, 
on  intermediate  or  final  inspection,  been  considered  unfit,  and  dis- 
charged. The  loss  incurred  has,  I  believe,  frequently  arisen  from 
the  premature  discharge  of  men  who  have  feigned  disabilities,  and 
by  that  means  effected  their  release  from  the  army.  In  the  per- 
formance of  the  duty  of  inspecting  recruits,  the  utmost  vigilance  is 
absolutely  indispensable.  On  a  large  scale  the  attention  ought  never 
to  flag,  or  the  mind  of  the  examiner  for  a  moment  be  withdrawn 
from  the  subject  before  him:  if  it  is,  there  is  a  probability  of  some- 
thing escaping  him  necessary  to  form  an  accurate  estimate  of  the 
fitness  of  a  recruit.  This  observation  is,  of  course,  more  especially 
applicable  where  the  subjects  under  examination  are  pretty  nume- 
rous, as,  for  example,  15,  20,  or  30,  daily.  The  most  accurate  ex- 
ternal view  is  not  always  conclusive,  as  to  the  ultimate  eligibility 
of  a  recruit,  and  men  are  sometimes  approved  on  an  inspection  and 
examination  of  from  five  to  ten  minutes  (the  time  usually  required  for 
each),  who,  on  an  acquaintance  of  a  month  or  more,  would  have  been 
rejected.  But  the  process  is  necessarily  a  summary  one  ; — the  recruit 
must  be  promptly  rejected  or  approved.  The  best  set  of  external  tests 
or  marks  are  fallible;  a  man  may  become  or  may  be  already  epileptic, 
whose  countenance  betrays  no  sign  of  the  disease:  another  may 
have  that  obtnseness  of  mind  which  unfits  him  for  being  an  efficient 
soldier;  he  may  be  practically  an  idiot,  and  yet  his  replies,  and  con- 
versation, and  countenance  evince  no  want  of  comprehension ;  and 
men  of  this  class  are  occasionally  approved.  In  the  great  divesity 
of  manner  and  aspect,  no  single  examination  will  always  be  suffi- 
cient to  detect  these  defects  :  to  be  recognised  they  must  be  experi- 
enced. Others  may  have  a  liability  to  pulmonic,  hepatic,  or  febrile 
affections,  without  any  obvious  indication  of  such  a  predisposition. 
But  it  may  be  reasonably  presumed,  that,  in  the  great  majority  of 
cases,  the  ordinary  marks  of  health  and  sufficiency  will  be  fully 
adequate  to  protect  the  public  from  any  considerable  loss.  This  is 
undoubtedly  true ;  but  in  numerous  inspections,  for  example  2000 
or  3000  annually,  these  exceptions  will  amount  to  something;  and 
in  every  such  exception  the  medical  officer  is  liable  to  censure. 
Every  promising  recruit  will  not  become  a  good  soldier;  and  every 
youth  raised  in  Kerry  or  Caithness  will  not  be  an  available  man 
when  he  reaches  Chatham  barracks.  Young  men  seldom  enlist 
from  any  rational  preference  to  a  military  life;  it  is  generally  the 
result  of  folly,  misfortune,  poverty  or  intemperance.  Until  a  recruit 
is  domesticated  with  a  corps,  his  attachment  to  the  service  can  never 
be  calculated  on,  and  recruits  raised  for  regiments  serving  abrond, 
in  the  period  between  enlisting  and  reaching  the  place  of  final  em- 
barkation, often  betray  great  reluctance  to  the  service.  Sometimes 
they  endeavour  to  accomplish  their  discharge  by  feigning  disabili- 
ties, and  sometimes  they  try  to  relieve  themselves  from  the  thraldom 
of  military  control  by  desertion.  A  very  considerable  number  of 
recruits  desert  within  three  or  four  days  after  enlistment. 

Indications  of  former  disease. — The  traces  of  leech-bites,  blis- 


20  MARSHALL  ON  THE  ENLISTING  OF  SOLDIERS. 

ters,  setons,  cupping,  &c.  all  deserve  attention,  and  the  probable 
consequences  require  to  be  duly  appreciated.  Taken  in  connection 
with  the  appearance  of  infirm  health,  they  ought  to  have  considera- 
ble weight  in  determining  a  medical  officer  to  reject  a  recruit,  but 
when  the  man  under  consideration  is  evidently  robust  and  in  excel- 
lent health,  they  become  of  less  importance.  In  cases  where  any 
suspicion  is  entertained  that  a  recruit  has  previously  been  in  the 
army,  every  trace  of  former  disease  ought  to  be  carefully  scrutinised, 
(vide  Article  40,  Pensioning  Regulations,  1829.)  I  have  frequently 
detected  men  who  had  served  in  India,  where  leeches  are  much 
employed,  and  who  had  been  discharged  on  account  of  ill  health, 
by  the  cicatrices  of  numerous  leech-bites  on  the  body.  Attempts 
are  sometimes  made  to  conceal  scars  on  the  neck,  by  bringing  the 
chin  close  to  the  neck.  In  the  same  manner  I  have  seen  a  cicatrix, 
resulting  from  an  unsuccessful  attempt  to  commit  suicide  by  cutting 
the  throat,  temporarily  concealed. 

Nodes. — Inequalities  of  the  surface  of  a  bone  are  not  always  the 
result  of  syphilis;  they  are  occasionally  found  in  robust  healthy  in- 
dividuals, where  no  suspicion  can  be  entertained  of  the  existence  of 
disease,  and  consequently  are  not  infirmities  which  invariably  dis- 
qualify a  recruit. 

Glandular  swellings. — Scrofula  is  commonly  indicated  by  a 
short  thick  neck,  fair  hair,  blue  eyes,  face  puffy,  or  slightly  swelled, 
particularly  the  upper  lip.  abdomen  prominent,  glands  of  the  neck 
and  groin  swelled.  Scrofula  is  an  adequate  cause  for  the  rejection 
of  a  recruit.] 

2.  Weak  or  Disordered  Intellect. 

[The  attention  of  medical  officers  should  be  invariably  direcled 
to  the  mental  capacity  of  recruits.  In  almost  all  regiments  there  are 
some  men  who  never  acquire  the  art  of  performing  the  duty  of  sol- 
diers correctly,  seemingly  on  account  of  want  of  intellect.  But  a 
medical  officer  must  be  prepared  not  to  pay  implicit  credit  to  the 
testimony  of  interested  persons  in  this  respect.  1  have  been  repeat- 
edly waited  upon  by  the  relations  of  a  recruit,  for  the  purpose  of 
informing  me  that  his  mind  was  unsound, — a  character  he  had 
obtained,  apparently,  because  he  had  enlisted  without  their  appro- 
bation.] 

3.  Chronic  Cutaneous  Affections,  especially  of  the  Scalp. 

[This  class  of  disabilities  almost  invariably  renders  a  recruit  in- 
eligible. With  respect  to  tinea  capitifj  Suuvillc,  in  his  Thesis  on 
the  Diseases  which  disqualify  Conscripts  for  the  French  army,  says, 
"  Cette  maladie  est  quelquefois  rebelle  a  tout  traitment  interne  et 
bien  raisonne:  Si  celui  qui  est  affecte  de  la  teigne  approache  de  vingt 
ans  et  au-dela,  elle  peut  etre  re"put6e  incurable."] 

4.  Severe  Injuries  of  the  Bones  of  the  Head. 
[Great  injuries  of  the  skull,  followed  by  exfoliation,  extraction  or 


EYES — EARS.  21 

depression  of  the  bones,  should  invariably  cause  a  recruit  to  be  re- 
jected. Injuries  of  this  kind  are  frequently  succeeded  by  alleged 
disabilities  of  the  mind  or  body,  and  it  is  often  difficult  to  distinguish 
whether  these  consequences  are  real  or  feigned.  Slight  blemishes 
or  defects  in  recruits  are  sometimes  magnified  into  serious  disabili- 
ties when  they  become  soldiers ;  and  as  it  is  impossible  to  estimate 
the  intensity  of  a  complaint,  or  the  influence  it  may  have  on  the 
general  health,  medical  officers  often  find  much  difficulty  in  coming 
to  a  conclusion  in  regard  to  such  cases.  A  blemish  of  this  kind  may 
be  concealed  by  long  hair,  and  hence  the  propriety  and  expediency 
of  applying  the  fingers  to  the  head.  Wigs  are  sometimes  employed 
to  conceal  fractures  of  the  skull  as  well  as  tinea  capitis.  On  this 
subject  I  may  quote  an  extract  from  Isfordink  (Military  Police 
of  the  Austrian  Army}: — "Men  who  have  grown  bald  from  some 
internal  cause,  or  in  consequence  of  a  previous  disease,  use  scalps 
to  conceal  this  blemish.  Though  at  first  sight  it  appears  extremely 
easy  to  find  out  the  deception,  yet  it  will  certainly  not  be  discovered 
unless  a  medical  officer  directs  his  attention  particularly  to  the  cover- 
ing of  the  head,  because  the  modern  art  of  wig-making  very  closely 
imitates  nature.  The  detection  of  this  defect  is,  however,  important, 
not  only  with  regard  to  baldness,  but  also  with  respect  to  a  cutaneous 
eruption  on  the  head,  and  depression  of  the  bones  of  the  cranium. 
Hence,  when  a  medical  officer  inspects  a  volunteer  recruit,  or  a  sub- 
stitute, the  soundness  of  the  hairy  covering  of  the  head  should  be 
satisfactorily  ascertained.  The  eyebrows  likewise  will  require  his 
attention  ;  he  must  examine  whether  they  are  natural  or  false."  In  the 
examination  of  recruits  I  have  certainly  found  wigs  where  I  did  not 
anticipate  that  there  was  any  artificial  covering  of  the  head  employed.] 

5.  Impaired  Vision  from  whatever  cause,  Inflammatory  Affections 
of  the  Eyelids,  Immobility,  or  Irregularity  of  the  Iris,  Fistula 
Lachrymalis,  &c.  &c. 

[Vision  is  sometimes  impaired  by  obvious  causes,  as  specks, 
ulcers  of  the  cornea  and  cataract.  Complete  or  even  partial  amau- 
rosis  of  an  eye  is  a  decidedly  disqualifying  defect,  and  one  which 
may  escape  detection.  Chronic  inflammation  of  the  eye,  together 
with  such  affections  of  the  eyelids  as  ectropion,  or  a  turning  out  of 
the  eyelid,  and  entropion,  or  a  turning  in  of  the  eyelid,  render  a 
recruit  unfit  for  the  service.  Any  considerable  irregularity  of  the  iris 
implies  that  the  eye  has  suffered  from  inflammation,  and  conse- 
quently, that  it  may  be  liable  to  a  similar  affection.  During  the 
years  1831,  1832,  and  1833,  of  the  conscripts  examined  in  France, 
7.3  per  1000  were  exempted  from  serving  in  the  army  on  account 
of  short  sight.  Strabismus,  which  is  frequently  a  modification  of 
imperfect  vision,  disqualifies  a  recruit  for  the  army,  when  it  exists 
in  any  considerable  degree.] 

6.  Deafness,  copious  discharge  from  the  Ears. 
[Deafness  may  no  doubt  exist  without  any  physical  evidence  of 


22  MARSHALL  ON  THE  ENLISTING  OF  SOLDIERS. 

loss  of  hearing;  but  it  will  be  recollected  that  an  impaired  function 
of  the  ear  is  easily  feigned,  and,  consequently,  the  truth  of  an  alle- 
gation of  deafness  must  generally  be  decided  rather  by  moral  than 
physical  evidence.] 

7.  Loss  of  many  Teeth,  or  the  Teeth  generally  unsound. 

[When  the  incisors  and  canine  teeth  of  the  superior  or  inferior 
jaw  are  wanting,  a  man  is  deprived  of  the  means  of  easily  and 
rapidly  tearing  a  cartridge — he  is  consequently  said  to  be  unable  to 
execute  the  different  modes  of  firing  with  precision.  Rather  more 
than  one  per  cent,  of  the  conscripts  examined  for  the  French  army, 
during  the  years  1831-1833,  were  exempted  from  serving  on  ac- 
count of  loss  of  teeth.  Recruits  often  endeavour  to  conceal  the  loss 
of  teeth  by  covering  the  gums  with  the  lips.  The  assistance  of  the 
dentist  is  occasionally  resorted  to.  So  widely,  and  perhaps  absurdly, 
is  this  article  sometimes  interpreted,  that  I  have  known  a  healthy 
efficient  recruit  rejected  upon  medical  inspection,  because  he  had 
lost  one  incisor  tooth  by  an  accident ;  and  others  returned  unfit  be- 
cause they  had  lost  two  molar  teeth  by  accident.] 

8.  Impediment  of  Speech.     (Stammering.) 

[It  may  be  observed  that  some  stammerers  can  utter  a  few  short 
sentences  in  succession  without  any  remarkable  hesitation  of  speech. 
When  any  doubt  is  entertained  in  regard  to  the  existence  of  this 
defect,  a  recruit  should  be  placed  for  some  time  under  probation;  and 
if  he  be  unable  to  speak  distinctly,  the  circumstance  will  commonly 
become  soon  obvious.  But  stammering  is  easily  feigned  ;  and  re- 
cruits sometimes  simulate  it  for  the  purpose  of  being  rejected.  As 
it  is  extremely  difficult  to  detect  impostors  of  this  kind,  perhaps  they 
are  frequently  successful.  Stammering  often  exists  where  there  is 
no  apparent  deformity  of  the  organs  of  sound,  by  which  means,  if  a 
recruit  persist  in  stammering:,  he  will  have  a  considerable  prospect 
of  being  rejected.  Dr.  Fallot,  principal  physician  to  the  Belgian 
army,  very  cleverly  detected  a  conscript  who  feigned  hesitation  of 
speech.  He  was,  in  consequence  of  violent  contortions  of  the  mus- 
cles of  the  face  when  he  began  to  speak,  suspected  of  being  an  im- 
postor,— in  fact,  he  overacted  his  part.  Fearing  that  stammering 
was  not  likely  to  effect  his  purpose,  he  pointed  out  a  small  goitre 
which  he  had  as  an  additional  reason  for  his  being  exempted  from 
serving.  Dr.  Fallot  assumed  a  serious  countenance,  and  observed 
to  anolher  medical  officer,  that,  as  the  tumour  was  a  large  aneu- 
rism, it  disqualified  the  conscript  for  the  army,  and  proceeded  ap- 
parently, to  make  out  the  certificate  of  his  unfitness  for  serving. 
The  man  was  delighted,  forgot  to  stammer,  and  was  finally  ap- 
proved. Harelip  is  a  decided  disqualification  of  a  recruit.] 

9.  —  Want  of  due  capacity  of  the  chest,  and  any  other  indication  of 
a  liability  to  pulmonic  disease,  (Disease  of  the  Heart.) 

The  practical  application  of  this  rule  must  be  left  to  the  discretion 


CONTRACTION  OF  A  JOINT.  23 

and  skill  of  medical  officers,  for  it  is  impossible  to  give  specific  in- 
structions in  regard  to  so  wide  and  indefinite  a  subject.  Dr.  Fallot 
says,  "  Tout  homme  dont  la  poitrine  est  mal  conform^  ou  trap 
retrecie.  doit  etre  juge  impropre  au  service  militaire."  Every  medi- 
cal officer  who  is  employed  in  the  duty  of  examining  recruits  must 
judge  for  himself  in  regard  to  the  degree  of  deviation  from  sym- 
metry of  the  chest,  which  may  be  considered  an  indication  of  an 
unusual  liability  to  pulmonic  disease,  and  as  disqualifying  a  man 
for  the  army.  Different  minds  will  unavoidably  arrive  at  different 
conclusions  on  this  as  on  many  other  presumed  disabilities. 

Heart. — While  a  recruit  is  under  examination,  the  circulation  is 
commonly  quicker  than  usual,  and  the  heart  palpitates  strongly,  so 
much  so  as  occasionally  to  be  obvious  to  spectators.  Anxiety  of 
mind,  and  the  novelty  of  a  man's  situation,  will  satisfactorily  ac- 
count for  these  circumstances,  without  concluding  that  they  indi- 
cate disease  of  the  heart  or  large  blood  vessels.  I  have  never  re- 
jected a  recruit  on  account  of  an  affection  of  the  heart;  but  I  am 
aware  that  men  have  been  found  unfit  for  the  army  in  consequence 
of  the  alleged  disability  of  "organic  disease  of  the  heart."  A  satis- 
factory diagnosis  of  disease  of  the  heart,  so  as  to  warrant  a  medical 
officer  to  reject  a  recruit  on  that  account,  will  very  rarely  be  obtained 
during  a  period  of  five  or  ten  minutes,  the  time  usually  employed 
in  examining  a  candidate  for  the  army. 

10. — Impaired  or  inadequate  efficiency  of  one  or  both  of  the  superior 
extremities,  on  account  of  palsy,  old  fractures,  especially  of  the 
clavicles,  contraction  of  a  joint,  mutilation,  extenuation,  deformity, 
ganglions,  &c.  &c. 

Palsy. — Loss  of  power  of  one  or  more  of  the  fingers  of  a  hand, 
occasionally  occurs,  sometimes  as  a  consequence  of  mechanical  in- 
jury. The  degree  of  the  infirmity  which  follows  will  require  to  be 
duly  appreciated. 

Fractures. —  Due  care  should  be  taken  to  ascertain  that  the  long 
bones  are  sound.  When  a  man  is  approved  whose  arm  has  been 
fractured,  he  is  liable  to  allege  at  a  future  period  that  his  arm  is 
painful  and  inefficient,  consequently,  unless  the  fractured  bone  has 
been  well  united,  he  should  not  be  found  fit  for  the  service.  The 
late  Dr.  Brown,  staff-surgeon,  examined  a  recruit  who  performed 
satisfactorily  all  the  evolutions  to  which  recruits  are  commonly  sub- 
jected, although  he  had  a  disunited  fracture  of  the  radius  and  ulna 
of  the  right  arm.  For  a  similar  reason,  men  who  have  had  a  clav- 
icle factured  ought  almost  invariably  to  be  rejected.  They  fre- 
quently complain  that  the  strap  of  the  knapsack  excites  uneasiness. 

Contraction  of  a  Joint. — Impaired  motion  of  one  of  the  large 
joints,  such  as  the  shoulder  or  elbow,  is  a  very  important  defect, 
and  a  cause  of  inefficiency  that  occasionally  escapes  observation. 
The  little  and  sometimes  also  the  ring-finger  are  found  contracted,  ap- 
parently in  consequence  of  heavy  manual  labour,  which  is  a  disability 
that  requires  to  be  carefully  examined,  and  duly  estimated,  so  as  to 


24  MARSHALL  ON  THE  ENLISTING  OF  SOLDIERS. 

ascertain  whether  the  hand  is  sufficiently  apt  to  handle  the  firelock. 
Each  ringer  should  be  examined  separately,  for  the  purpose  of  as- 
certaining that  the  flexor  and  extensor  muscles  are  sound,  and  their 
functions  unimpaired. 

Mutilation. — By  the  regulations  comprehended  in  the  French 
Code  de  la  Conscription^  a  conscript  is  not  to  be  exempted  from 
sorvice  on  account  of  any  mutilation  of  a  hand  less  than  the  loss  of 
a  thumb  or  the  fore-finger  of  the  right  hand.  But  regulations  for 
inspecting  conscripts  apply  much  better  to  the  examination  of 
alleged  disabled  soldiers,  than  to  the  examination  of  recruits  who 
voluntarily  enlist.  The  loss  of  any  finger  of  a  hand  should  cause 
a  recruit  to  be  rejected;  and  no  man  who  had  lost  the  last  joint  of 
the  index  finger  of  the  right  hand  should  be  approved. 

Extenuation. — In  general,  the  right  arm  has  a  circumference  of 
about  one  fourth  or  one  third  of  an  inch  greater  than  the  left;  but 
even  where  the  difference  of  bulk  is  a  little  more  than  one  third  of 
an  inch,  there  is  commonly  no  unusual  inferiority  of  power  in  the 
smaller  arm.  Occasionally,  however,  instances  occur  where  one 
arm  is  so  much  smaller  than  the  other,  as  to  be  a  sufficient  cause 
for  rejecting  a  man.  The  want  of  symmetry,  or  difference  of  size 
between  the  right  and  left  arm,  does  not  seem  to  depend  much  upon 
the  nature  of  the  man's  employment,  for  it  is  sometimes  observed  in 
youths  and  in  persons  who  have  not  been  liable  to  much  exercise, 
to  as  great  a  degree  as  in  mechanics,  such  as  carpenters  &c. 

Deformity. — Any  deviation  from  the  natural  formation  of  one  or 
both  arms,  which  impairs  a  man's  efficiency,  should  be  considered 
as  an  adequate  cause  for  rejecting  him.  A  congenital  deviation 
from  symmetry  commonly  affects  both  sides  of  the  body ;  a  circum- 
stance which  helps  to  distinguish  natural  blemishes  from  traces  of 
injuries. 

Ganglions. — Tumours  of  this  kind  may  impair  the  efficiency  of 
soldiers;  they  certainly  give  some  colour  for  an  alleged  disability, 
and  consequently  should  be  carefully  considered  before  a  recruit  is 
approved. 

11.  An  unnatural  excurvature  or  incurvature  of  the  spine. 

Stooping  or  round-shouldered  men  are  objectionable  as  recruits, 
more  especially  if  they  are  above  21  or  22  years  of  age,  even  al- 
though they  possess  sound  health  and  adequate  muscular  power. 

The  spine  is  frequently  deflected  laterally,  but  unless  the  curva- 
ture is  considerable,  this  deviation  does  not  by  any  means  disqualify 
a  man  for  the  army.  In  lateral  curvature,  there  are  commonly 
two  inflections,  by  which  means  the  spinal  column  has  a  sigmoid 
form.  The  convexity  of  the  lower  or  lumbar  curve  is  generally 
towards  the  left,  while  the  convexity  of  the  upper  is  to  the  right 
side. 

Lateral  curvature  of  the  spine  is  intimately  connected  with  civil- 
ised life.  In  the  male  sex  it  occurs  most  frequently  among  boys  who 
study  very  closely,  clerks,  and  persons  who  exercise  sedentary 


HERNIA.  25 

trades.  The  agricultural  peasant  is  seldom  affected  with  it,  and  the 
tribes  of  people  commonly  denominated  savage,  perhaps  never.  I 
have  had  good  opportunities  of  observing  the  natives  of  India,  and 
of  the  Malay  Islands,  and  I  do  not  recollect  having  seen  a  single 
case  of  this  deformity  among  them. 

There  is  a  variety  of  lateral  curvature  which  is  occasioned  by  an 
unequal  length  of  the  inferior  extremities.  When  this  is  the  case, 
the  pelvis  is  oblique,  and  the  convexity  of  the  curve  is  towards  the 
shorter  lirnb.  In  this  deformity  the  spinal  column  may  be  made 
straight  by  placing  a  body  equal  to  the  difference  of  the  length  of 
the  extremities  under  the  foot  of  the  limb  on  the  convex  side  of  the 
curve.  When  a  deflection  of  the  spine  depends  upon  a  short  limb, 
the  curve  may  be  observed  by  viewing  the  body  in  front,  as  the 
sternum  and  linea  alba  have  a  flexure  corresponding  with  that  of 
the  vertebral  column.  Unless  one  limb  is  more  than  half  an  inch 
shorter  than  the  other,  and  there  is  some  inequality  as  to  develope- 
ment,  so  as  to  render  it  probable  that  the  extremity  is  deficient  in 
power,  a  recruit  need  not  be  rejected. 

In  the  examination  of  recruits.  I  found  so  frequently  a  slight  de- 
viation of  the  spine,  more  especially  laterally,  and  often  in  individ- 
uals who  possessed  great  aptitude  for  the  duties  of  the  army,  with 
sound  health  and  well  developed  muscles,  that  I  did  not  consider 
that  blemish,  when  in  a  moderate  degree,  a  disqualifying  defect.  It 
is  expedient,  however,  not  to  say  a  word  of  the  circumstance  in  the 
hearing  of  a  recruit,  as  he  might  at  some  future  time  found  a  disa- 
bility upon  the  unnecessary,  if  not  injudicious  surmises  of  a  zealous, 
well-meaning  medical  officer.  I  believe  that  not  a  few,  perhaps  I 
may  say  many,  very  eligible  recruits  have  been  rejected  in  conse- 
quence of  this  hypothetical  disability. 

12.  Hernia,  or  a  tendency  to  that  disability  from  preternatural  en- 
largement of  the  abdominal  ring. 

Three  varieties  of  hernia  are  occasionally  found  upon  examining 
recruits,  namely,  ventral,  umbilical,  and  inguinal  hernia.  The  first 
two  varieties  are  commonly  of  little  importance,  and  rarely  inca- 
pacitate a  man  for  military  duty ;  the  latter  is  a  decided  cause  of 
disqualification.  The  cases  of  ventral  hernia  which  come  before  a 
medical  officer  in  the  inspection  of  recruits  are,  in  most  instances, 
scarcely  perceptible  even  during  the  act  of  coughing,  the  protrusion 
being  often  not  larger  than  a  pea  or  half  a  hazel-nut.  Umbilical 
hernia  is  also  commonly  trifling  or  unimportant  in  degree.  It  may 
be  mentioned  -that  a  large  proportion  of  the  natives  of  Tropical 
Africa  have  this  affection,  and  perhaps  no  class  of  people  in  the 
world  are  capable  of  enduring  greater  fatigue.  Recruits  sometimes 
endeavour  to  conceal  the  existence  of  inguinal  rupture,  and  when 
the  protrusion  is  but  small,  and  appears  after  violent  exertion  only, 
it  may  escape  notice.  The  dissimulation  is  promoted  by  a  purga- 
tive, and  by  a  short  abstinence  from  food,  and,  as  may  be  supposed, 
a  recruit  under  such  circumstances,  will  not  greatly  exert  himself 


26  MARSHALL  ON  THE  ENLISTIN'G  OF  SOLDIERS. 

in  couching  or  jumping.  It  sometimes  happens  that  the  protrusion 
of  the  intestine,  and  consequently  the  appearance  of  the  disability, 
does  not  take  place  until  towards  the  end  of  the  inspection,  and  par- 
ticularly after  the  man  has  been  directed  to  put  one  knee  on  the 
ground.  The  inspecting  medical  officer  should  invariably  direct 
his  attention  to  the  usual  situation  of  hernia  immediately  before  a 
man  leaves  the  inspection  room.  Sometimes  the  existence  of  hernia 
is  not  detected  except  by  the  stain  or  discoloration  of  the  skin  in  the 
neighbourhood  of  the  groin,  caused  by  wearing  a  truss,  an  instru- 
ment which  is  occasionally  found  concealed  under  the  clothes  of  a 
recruit.  Hernia  has  been  simulated  by  persons  who  possessed  the 
power  of  elevating  one  or  both  of  the  testes  to  the  rings  of  the  ex- 
ternal oblique  muscles  so  effectually  as  to  deceive  medical  officers. 
Little  or  no  dependence  can  be  placed  upon  the  allegations  of  a 
recruit,  in  regard  to  the  previous  existence  of  a  disability,  as  it  is  not 
an  uncommon  circumstance  for  a  man  to  regret  having  enlisted, 
and  with  the  view  of  being  rejected  by  a  medical  officer,  falsely  to 
allege  that  he  is  occasionally  affected  with  rupture,  or  some  other 
disqualifying  infirmity.  Medical  officers  who  inspect  volunteers 
have  not  only  to  guard  against  being  imposed  upon  by  the  con- 
cealment of  diseases,  but  also  by  the  simulation  of  infirmities. 

"  En  France,  la  visite  des  conscrits  avail  specialement  pour  but 
de  leur  prouver  qu'ils  etaient  propres  an  service.  En  Angleterre  la 
visite  des  recrues  a  specialement  pour  objet  d'examiner  s'ils  ne  sont 
pas  impropres  au  service." — (Force  Militaire  de  la  Grande  Bre- 
tagne,  par  Charles  Duping 

13.  A  varicose  state  of  the  veins  of  the  scrotum,  or  spermatic 
cord.     Sarcocele,  hydrocele,  hemorrhoids,  fistula  in  perineo. 

A  varicose  enlargement  of  the  veins  of  the  scrotum  (varicocele,) 
or  of  the  spermatic  cord  (cirsocele,)  is  occasionally  attended  with 
pain  and  inconvenience  during  much  fatigue,  and  consequently  a 
man  who  suffers  under  either  of  these  affections  to  any  considerable 
degree  may  allege  that  he  is  unable  for  a  particular  duty,  such  as  a 
long  march.  Cirsocele  seldom  occurs,  except  on  the  left  side.  I 
do  not  recollect  having  ever  seen  a  well-marked  case  of  it  on  the 
right  side,  although  I  have  examined  nearly  30,000  recruits.  An 
enlargement  of  the  veins  of  the  cord  is  often  much  more  evident 
at  one  period  than  at  another,  and  hence  a  liability  to  this  affection 
may  escape  observation  during  the  time  a  recruit  is  under  examina- 
tion. In  a  moderate  degree,  a  varicose  state  of  the  veins  of  the 
spermatic  chord  or  of  the  scrotum  is  rather  a  nominal  than  a  real 
disability.  I  never  had  occasion  to  admit  a  soldier  into  hospital  on 
account  of  this  affection,  and  I  believe  many  highly  efficient  recruits 
have  been  rejected  in  consequence  of  this  alleged  disqualification. 

Sarcocele. — Any  remarkable  enlargement  or  induration  of  a  tes- 
ticle disqualifies  a  recruit. 

Hydrocele. — This  affection  is  often  very  slight,  and  in  that  state 


INFERIOR  EXTREMITIES.  27 

can  hardly  be  considered  a  disqualifying  disability,  but  when  there 
is  any  enlargement  of  the  testicle  a  recruit  should  be  rejected. 

On  an  average  of  every  1000  recruits  examined.  I  found  one  man 
in  whom  only  one  of  the  testicles  had  descended  into  the  scrotum, 
and  in  about  every  10,000  examined,  one  in  whom  neither  of  the 
testicles  had  descended.  In  some  cases  a  testicle  was  situated  in  the 
ring,  thereby  simulating  hernia. 

14. — Impaired  or  inadequate  efficiency  of  one  or  both  of  the  inferior 
extremities  on  account  of  varicose  veins,  old  fractures,  malforma- 
tion, (flat  feet,  (fee.)  palsy  or  lameness,  contraction,  mutilation,  ex- 
tenuation, enlargement,  unequal  length,  bunions,  overlying  or 
supernumerary  toes,  ganglions,  <fcc.  (fee. 

Varices,  or  an  unnatural  and  permanent  dilatation  of  the  veins 
of  an  inferior  extremity,  is  a  defect  in  a  recruit  which  should  in 
general  be  considered  as  a  cause  of  rejection.  Under  the  term  va- 
ricose, three  different  conditions  of  the  veins  of  an  extremity  are 
sometimes  comprehended.  1st,  a  net-work  of  superficial  blue  veins: 
2dly,  a  large  size  of  the  veins  without  the  functions  of  the  valves 
being  impaired  ;  3c?/y,  a  preternaturalfcdilatation  of  the  veins,  with 
a  failure  of  the  functions  of  the  valves.  In  this  state  they  frequently 
assume  the  appearance  of  a  chain  of  cysts  or  bags,  and  the  limb  is 
commonly  in  some  degree  enlarged,  the  cellular  membrane  indu- 
rated, and  the  skin  much  disposed  to  ulcerate.  The  first  and  second 
conditions  of  the  veins  are  of  little  importance,  while  the  third  in- 
capacitates a  man  for  the  army.  In  the  early  stage  of  this  affection, 
the  turgidity  of  the  veins  is  sometimes  not  very  apparent  until  after 
exercise  ;  hence  the  propriety  of  making  a  man  walk  smartly  for  a 
short  period  while  he  is  under  examination. 

Fractures. — The  same  observations  will  apply  to  fractures  of 
the  inferior  extremities  which  were  made  in  regard  to  fractures  of 
the  superior  extremities,  No.  10. 

Malformation. — Flatness  of  the  soles  of  the  feet  (splay-footed)  is 
the  most  common  malformation  in  the  inferior  extremities  among 
recruits.  This  deformity  is  found  in  every  possible  degree.  Many 
of  the  slighter  deviations  from  symmetry,  however,  do  not  dis- 
qualify a  man  for  military  duty;  indeed,  I  believe  a  very  small  ratio 
of  recruits  is  disqualified  for  the  army  on  this  account.  Men  who 
have  the  soles  of  the  feet  not  merely  flat,  but  in  some  degree  con- 
vex, are  ineligible  as  recruits;  they  are  unable  to  walk  steadily,  or 
to  undergo  the  fatigue  of  long  marches  with  equal  ease  as  men  with 
well-formed  feet.  Great  care  should,  however,  be  taken  not  to  con- 
found broad  but  sufficiently  well-arched  feet  with  the  deformity  in 
question — a  mistake  which  I  believe  occurs  very  frequently.  The 
arch  of  the  foot  is  admirably  adapted  for  saving  the  body  from 
shocks  by  the  elasticity  of  the  supports,  and  for  grasping  the  in- 
equalities of  the  ground  in  standing  or  walking.  The  heels  and 
the  balls  of  the  toes  are  the  two  extremities  of  the  elastic  arch  upon 
which  the  leg  rests.  In  the  action  of  walking  the  heel  is  raised, 


28  MARSHALL  ON  THE  ENLISTING  OF  SOLDIERS. 

and  the  body  supported  by  the  muscles  of  the  calf  of  the  leg;  the 
foot  bends  in  some  degree,  and  the  weight  of  the  body  rests  for  some 
time  on  the  toes.  At  each  step  the  ankles  and  knee-joints  are  gently 
flexed,  by  which  means  the  limb  is  made  shorter  or  longer,  as  may 
be  required,  in  different  stages  of  the  step,  and  thus  the  body  is 
carried  forward  nearly  perpendicularly.  But  when  the  sole  of  the 
foot  is  convex,  the  functions  of  the  inferior  extremities  are  greatly 
impaired  ;  the  weight  of  the  body  rests  upon  the  centre  of  the  sole, 
nearly  in  a  line  with  the  leg,  and  hence  a  mis-shapen  foot  of  this 
kind  is,  in  some  degree,  as  inapt  for  graceful  or  easy  motion  as  a 
wooden  leg.  Owing  to  there  being  no  arch,  there  is  very  little 
elasticity  of  the  foot,  and  the  motion  of  the  ankle  and  knee-joints  is 
greatly  diminished.  In  the  action  of  walking,  the  leg  in  motion  is 
but  little  flexed,  consequently  the  body  describes,  at  each  step,  a 
portion  of  a  circle,  of  which  the  middle  of  the  sole  of  the  foot  is  the 
centre.  On  this  account,  the  body  is  constantly  rising  and  falling, 
and  moving  from  side  to  side.  The  disabling  effects  of  decidedly 
flat  or  convex  feet  may  be  artificially  displayed,  by  placing  a  body, 
such  as  tying  a  handkerchief  under  the  arch  of  the  foot,  so  as  to 
make  the  sole  flat,  and  attempting  to  walk.  When  the  sole  of  the 
foot  is  convex,  there  is  little  or  no  motion  of  the  ankle-joint  in 
walking,  the  muscles  of  the  calf  of  the  leg  become  nearly  useless, 
the  person  is  incapable  of  running,  the  toes  are  turned  out,  the  side 
of  the  foot  is  thrust  forward  in  progression  instead  of  the  toes,  and 
walking  is  performed  in  a  shackled  unsteady  (shaughling]  man- 
ner. Inexperienced  examiners  are  apt  to  mistake  large,  broad,  but 
in  other  respects,  well-formed  and  highly  efficient  feet,  for  deformed 
ineffective  feet,  and,  in  consequence  of  erroneously  concluding  that 
a  broad  foot  is  a  disqualifying  defect,  I  believe  that  many  efficient 
recruits  have  been  thus  rejected.  I  have  been  informed  that  the 
returns  of  one  district  show  that  a  seventh  of  the  recruits  rejected, 
or  about  5  per  cent,  of  the  men  examined,  were  found  unfit  on  ac- 
count of  flat  feet.  Now,  if  2000  men  were  taken  indiscriminately 
on  the  street,  I  do  not  think  above  one  individual  would  in  general 
be  found  who  walked  so  infirmly  or  so  unsteadily  as  to  disqualify 
him  for  military  service. 

Flat  feet  were,  I  believe,  first  comprehended  in  the  "Rules  to  be 
observed  by  medical  officers  in  the  examination  of  recruits,"  issued 
from  the  army  medical  department  in  August,  1821. 

On  this  subject  I  shall  take  leave  to  quote  the  excellent  work  of 
Coche  on  the  Examination  of  Recruits,  (p.  273.)  He  says,  "  Je  ferai 
seulement  remarquer,  en  passant,  que  celle  si  connue,  sous  la  de- 
nomination de  pieds  plats  (c'est-a-dire,  n'offrant  point  de  crcux  a 
leur  partie  inferieure,)  ne  saurait  etre  un  motif  d'exemption  ni  une 
cause  de  reforme  du  service  militaire,  quand  1'individu  est  bien  con- 
forme  d'ailleurs,  et  qu'il  parait  jouir  de  toutes  ses  facultes  intellec- 
tuelles."— (  Vide  Note  V.} 

Palsy  or  Lameness. — The  efficiency  of  the  limbs  relative  to  the 
exercise  of  marching  should  be  carefully  investigated.  Recruits 


INFERIOR  EXTREMITIES.  29 

under  examination  for  the  Austrian  army  used  to  be  obliged  to 
walk  upon  wet  clay,  for  the  purpose  of  ascertaining,  by  the  impres- 
sion of  the  feet,  whether  both  of  the  inferior  extremities  were  equally 
efficient.  Lameness  is  frequently  feigned  by  recruits  who  wish  to 
be  rejected,  and,  consequently,  a  medical  officer  must  sometimes 
exercise  much  discretion  and  cauiion  before  he  either  rejects  or 
approves  of  a  recruit  who  alleges  that  he  is  lame,  provided  there  is 
no  obvious  cause  of  such  an  infirmity.  In  such  cases  disinterested 
evidence  can  scarcely  be  obtained. 

Contraction  of  a  Joint. — A  permanent  contraction  of  the  flexor 
or  extensor  muscles  of  a  limb  implies  incapacity  for  military  ser- 
vice. This  affection  is  occasionally  the  result  of  injuries  received 
in  early  life. 

Mutilation. — According  to  the  French  code,  a  conscript  is  not 
exempted  from  serving  on  account  of  a  mutilation  of  the  foot  less 
than  the  loss  of  a  <rreat  toe,  or  two  other  toes  of  one  foot.  The  loss 
of  a  great  toe  incapacitates  a  man  for  the  army,  but  a  deficiency  of 
any  other  toe  of  a  foot  is  not  of  much  importance. 

Extenuation. — Frequent  examples  occur  among  recruits  where 
one  inferior  extremity  is  from  half  to  three  fourths  of  an  inch 
thicker  than  the  other,  without  the  function  of  the  smaller  lirnb 
being  impaired.  This  condition  of  an  extremity  is  to  be  carefully 
distinguished  from  partial  atrophy,  sometimes  denominated  blight) 
which  is  characterised  by  considerable  extenuation  and  want  of 
firmness  of  the  muscles,  and  the  slightest  degree  of  which  is  a  de- 
cided cause  for  rejecting  a  recruit. 

Enlargement. — It  has  been  observed  that  the  right  arm  is  gene- 
rally larger  than  the  left;  but  I  am  not  disposed  to  think  that  the 
right  leg  is  commonly  thicker  than  the  left,  Sometimes  one  leg  is 
disproportionately  thick,  and  occasionally  both  are  in  this  condition. 
In  some  cases  the  enlargement  seems  to  be  the  result  of  an  affection 
of  the  skin  ;  but  whether  a  natural  deformity,  or  a  consequence  of 
disease,  a  man  is  thereby  disqualified  for  service  in  the  army. 

Unequal  length. — This  is  not  a  rare  occurrence.  When  the 
short  extremity  is  not  extenuated,  and  the  difference  between  the 
length  of  the  limbs  not  more  than  half  an  inch,  I  do  not  consider 
this  a  disqualifying  defect :  it  is  only  a  blemish,  and  not  an  ade- 
quate cause  for  rejecting  a  recruit.  (See  page  24.) 

Bunions. — A  bunion  is  a  partial  dislocation  of  the  great  toe, 
which  commonly  lies  under  or  over  the  second  toe.  The  projec- 
tion of  the  ball  of  the  toe  is  occasioned  by  subluxation,  and  an  un- 
natural separation  of  the  distal  extremities  of  the  first  and  second 
metatarsal  bones.  Bunions  are  invariably  a  consequence  of  wear- 
ing short  or  tight  shoes,  by  which  means  the  foot  is  permanently 
maimed,  and  frequently  a  man  is  thereby  rendered  unfit  for  the 
army. 

Overlying,    distorted,   and  supernumerary   Toes. — Any  disa- 
bling infirmity  of  the  feet  is  an  important  defect  in  a  soldier;  he 
7 — d  3  mar 


30  MARSHALL  ON  THE    ENLISTING  OF  SOLDIERS. 

becomes  soon  fatigued,  and  is  generally  unable  to  endure  a  long 
inarch.  Supernumerary  toes,  whether  in  one  or  in  both  feet,  de- 
cidedly disqualify  a  man  for  the  army ;  because  soldiers  do  not  indi- 
vidually ijet  shoes  made  for  their  feet.  Ganglions  are  commonly 
situated  on  the  back  of  the  foot,  and  frequently  render  the  wearing 
of  shoes  irksome  and  painful. 

15.  Ulcers,  or  unsound  cicatrices  of  ulcers  likely  to  break  out 
afresh. 

Cicatrices  of  ulcers  when  they  adhere  to  the  bone,  and  particu- 
larly if  surrounded  by  discoloured  or  diseased  integuments,  should 
invariably  cause  a  man  to  be  rejected.  Attempts  are  sometimes 
made  by  recruits  to  conceal  cicatrices,  by  covering  them  with  paint. 

16.  Traces  of  corporal  punishment,  (this  circumstance  is  an  un- 
qualified cause  of  rejection  in  regard  to  recruits.) 

With  the  view  of  guarding  against  the  admission  of  exception- 
able characters  into  the  service,  the  enlistment  of  recruits  having 
marks  of  corporal  punishment  was  prohibited  by  the  cornmander- 
in-chief  in  1818.  I  presume  the  prohibition  comprehends  corporal 
punishment  in  a  general  sense,  whether  on  the  back  or  breech,  and 
that  it  is  not  limited  to  military  flogging.  Marks  of  corporal  punish- 
ment, including  the  mark  of  the  letter  I),  do  not  disqualify  a  deserter 
for  the  army.  Traces  of  punishment  are  commonly  attributed  to 
(he  consequence  of  a  blister  or  scalding  water  by  recruits.  The 
marks  of  punishment  are  generally  the  result  of  ulceration,  which 
is  not  an  invariable  consequence  of  flogging.  T  have  seen  several 
instances  of  men  who  received  500  lashes,  without  bearing  the 
marks  of  having  undergone  corporal  punishment.  1  am  aware  of 
one  instance  where  a  tnan  who  received  700  lashes,  and  "was 
drummed  out  of  a  corps,"  re-enlisted  and  was  finally  approved;  the 
medical  officer  who  examined  him  was  at  first  supposed  to  have 
overlooked  the  state  of  the  back,  but  upon  a  subsequent  examina- 
tion, no  trace  of  punishment  could  be  perceived.  The  ulceration 
which  follows  flogging  sometimes  leaves  extensive  unsound  cica- 
trices, which  prevent  a  man  from  carrying  his  knapsack,  and,  con- 
sequently, he  becomes  permanently  disabled  and  unfit  for  the  ser- 
vice. Frequently  the  mark  of  the  letter  D  is  scarcely  apparent, 
probably  from  the  imperfect  manner  in  which  the  marking  operation 
was  performed,  and  occasionally  the  obliteration  seems  to  have  been 
effected  by  means  of  artificial  ulceration.  When  the  tatooed  mark 
is  observed,  the  individual  frequently  alleges  that  it  was  made  by 
a  priest,  and  that  it  is  the  initial  letter  of  the  word  Jesus. 

; 

17.  Diseases,  whether  acute  or  chronic,  for  which  medical  treat- 
ment is  required. 

Some  exceptions  to  this  rule  may  be  admitted,  such  as  scabies, 
small  incised  wounds,  abscesses,  &c. ;  but  with  respect  to  syphilis,  and 
other  diseases,  the  duration  of  which  is  uncertain,  they  are  adequate 


ROUTINE   OF  EXAMINATION.  31 

causes  of  rejection.    To  conceal  gonorrhoea,  cobbler's  wax  is  some- 
times introduced  into  the  urethra. 

VI. — Every  recruit  is  to  be  undressed  before  inspection,  and  it 
is  directed  that  the  examination  shall  be  conducted  agreeably  to 
the  following1  routine,  by  which  means  blemishes  are  not  likely  to 
escape  detection. 

No  man  should  be  examined  while  he  is  intoxicated,  and  recruits 
who  have  been  intermediately  approved  in  the  country  ought  not, 
unhss  under  pressing  circumstances,  to  be  inspected  the  same  day 
they  arrive  at  a  depot.  Serjeants  should  be  instructed  not  to  bring 
forward  a  recruit  for  examination  until  his  feet  have  been  washed. 
Should  it  be  discovered  during  the  inspection  of  a  recruit  that  he 
has  formerly  been  in  the  army,  lie  should  not  be  approved  before  he 
produces  his  "discharge,"  or  his  Chelsea  "instructions,"  by  which 
means  the  cause  of  his  leaving  the  service  may  be  ascertained. 
(  Vide  Articles  40  and  41  of  the  Warrant  for  regulating  the  Pen- 
sions of  Discharged  Soldiers,  1829,  and  the  Warrant  of  1833.) 
Discharged  men  who  re-enlist,  and  deserters,  who  wish  to  re-enter 
the  service,  frequently  omit  to  stale  that  they  have  been  soldiers, 
and  consequently  it  is  of  importance  to  distinguish  a  man  who  has 
been  in  the  army  from  the  ordinary  class  of  recruits.  A  well-drilled 
soldier  is  in  general  easily  recognised,  his  posture  is  generally  up- 
right, both  when  he  is  in  motion  and  at  rest;  his  chest  is  full,  partly 
from  an  elevation  of  the  sternum,  and  also  from  a  greater  develope- 
ment  of  the  pectoral  muscles;  the  shoulders  are  drawn  back,  and 
the. scapulas  nearly  approach  each  other.  When,  however,  he 
wishes  to  conceal  that  he  has  beet)  in  the-service,  he  sometimes 
assumes  a  slouching  manner,  which  commonly  disappears  when  he 
is  desired  to  march  smartly  backwards  and  forwards  in  the  inspec- 
tion-room, and  if  the  word  "halt"  be  given,  the  influence  of  disci- 
pline becomes  instantly  evident, 

The  examination  of  recruits  has  not  hitherto  been  practically 
taught  as  a  branch  of  medical  education,  and,  like  novices  in  other 
branches  of  information  and  duty,  young  examiners,  who  may  not 
always  be  young  officers,  frequently  arrive  at  very  different  con- 
clusions from  those  who  have  had  greater  experience  in  this  duty. 
Unaccustomed  to  frequent  and  careful  examination  of  the  human 
form,  beginners  do  not  readily  discriminate  the  shades  of  difference 
in  the  developement  of  the  different  organs  of  the  body.  Experience 
in  this,  as  in  all  other  branches  of  knowledge,  is  the  best,  indeed 
the  only  school  whore  a  medical  officer  can  qualify  himself  for  the 
accurate  and  skilful  performance  of  the  duty. 

;  4vr.il  ii HO     .V'MDiii   Tifiwe  vcq  binow  iii^n  wo'l  vis-v  -;>nii£j 

VII. — Upon  entering  the  inspection-room,  the  recruit  is  to  walk 
a  few  times  pretty  smartly  across  the  apartment,  for  the  purpose  of 
showing  that  he  has  the  perfect  use  of  his  lower  extremities.  He 
is  then  10  be  halted  and  set  up  in  the  position  of  a  soldier  under 
arms,  with  the  knees  about  an  inch  apart,  and  examined  both  hi 


32  MARSHALL  ON  THE   ENLISTING  OF  SOLDIERS. 

front  and  rear,  from  head  to  foot.  Should  no  material  defect  he 
discovered  during  this  survey,  the  examination  may  go  on.  The 
recruit  is  then  to  perform  in  imitation  of  the  hospital  serjeant  the 
following  evolutions: — to  extend  the  arms  at  right  angles  with  the 
trunk  of  the  body,  then  to  touch  the  shoulders  with  the  fingers, 
next  to  place  the  backs  of  the  hands  together  above  the  head;  in 
this  position  let  him  cough,  while  at  the  same  time  the  examiner's 
hand  is  applied  to  the  rings  of  the  external  oblique  muscles.  Let 
the  inspecting  officer  examine  the  spermatic  cord  and  testes,  then 
pass  his  hands  over  the  bones  of  the  legs.  The  recruit  next  stands 
upon  one  foot,  and  moves  the  ancle-joint  of  each  extremity  alter- 
nately; when  any  doubt  is  entertained  respecting  the  efficiency  of 
this  joint,  or  any  part  of  an  inferior  extremity,  he  should  be  made 
to  test  his  strength  by  hopping  upon  the  suspected  limb  for  a  short 
period,  and  the  size  arid  aspect  of  the  corresponding  joint  or  part  of 
the  opposite  limb  should  also  be  accurately  compared.  He  is  next 
to  kneel  on  one  knee,  then  on  the  other,  and  subsequently  on  both 
knees.  Let  him  then  stoop  forwards  and  place  his  hands  on  the 
ground,  and  while  in  this  position  it  ought  to  be  ascertained  whe- 
ther he  be  affected  with  haemorrhoids. 

He  is  then  to  extend  the  superior  extremities  forward,  for  the 
purpose  of  having  his  arms  and  hands  examined,  and  with  this 
intention  he  is  to  perform  flexion  and  extension  of  the  fingers,  and 
to  rotate  the  fore-arm. 

The  head  is  next  to  be  examined,  including  the  scalp,  ears,  eyes, 
nose,  mouth;  the  surgeon  is  then  to  ascertain  that  he  possesses  the 
function  of  hearing,  and  the  faculty  of  distinct  enunciation.  In 
regard  to  the  mental  faculties,  the  inspecting  medical  officer  should 
invariably  ask  a  recruit  a  few  short  questions — as  what  corps  he 
belongs  to,  or  what  occupation  he  had  previously  followed,  &c.  &c. ; 
or  adopt  any  other  means  which  he  may  deem  necessary  to  ascer- 
tain the  condition  of  the  intellect. 

In  general,  no  dependence  should  be  placed  upon  any  account  a 
recruit  may  give  of  his  health  and  efficiency.  Recruits  are  usually 
denominated  volunteers,  but,  by  the  time  they  are  brought  to  a 
medical  officer,  not  a  few  of  them  would  much  rather  be  rejected 
than  approved;  so  that  they  are  quite  ready  to  allege  a  caiuse  of 
inefficiency,  should  an  opportunity  offer.  Medical  officers  have 
therefore  to  guard  against  being  imposed  upon,  not  only  by  the  con- 
cealment, but  also  by  the  simulation  of  infirmities.  Were  a  recruit 
to  be  believed  and  rejected  when  he  states  that  he  is  liable  to  an 
obscure  or  doubtful  disease,  such  as  epilepsy  or  incontinence  of 
urine,  very  few  men  would  pay  smart  money.  Often  have  I  been 
informed  by  the  relations  of  a  recruit,  sometimes  before  examina- 
tion, and  sometimes  after  it,  that  he  laboured  under  a  variety  of 
disabilities,  was  idiotic,  or  liable  to  epilepsy. 

When  a  man  is  rejected,  the  cause  of  his  unfitness  is  recorded 
in  the  recruiting  register,  and  at  recruiting  depots  the  subdivision 


-g  ROUTINE  OF  EXAMINATION.  33 

officer  is  furnished  with  a  copy  of  the  entry.  The  pecuniary  inte- 
rest of  the  suhdivisional  officer,  and  the  parties  under  his  command, 
is  directly  opposed  to  the  rejection  of  recruits,  and -consequently 
the  conduct  of  the  staff-surgeon  in  regard  to  the  execution  of  his 
duty  is  narrowly  watched  by  that  branch  of  the  service. 

When  men  are  much  required  for  the  public  service,  the  mini- 
mum height  is  lowered,  and  the  period  of  life  during  which  they 
rnay  he  enlisted  extended,  and  vice  versa.  The  supply  of  recruits 
is  thereby  regulated  according  to  the  wants  of  the  army,  without 
relaxing  the  regulations  in  regard  to  aptness,  health — general 
efficiency. 

VIII.  The  next  point  is  to  learn  whether  a  recruit  has  passed 
through  small-pox,  or  has  been  vaccinated. 

IX.  When  a  recruit  is  approved,  the  attestation  is  to  be  filled  up 
and  signed  by  the  inspecting  medical  officer. 

X.  Under  the  head  "Remarks  and  Observations,"  in  the  register 
for   recruits,  all  incidental  facts  of  importance  in   regard  to  ench 
individual  case  are  to  be  recorded,  including  the  causes  for  which 
recruits  have  been  rejected;  blemishes,  peculiar  marks,  &c. 

XI.  Should  a  medical  officer,  or  a  private  medical  practitioner, 
intermediately  approve  of  a  recruit  who  has  a  trivial  blemish,  such 
as  a  slight  cicatrix  on  the  leg,  he  is  to  inform  the  surgeon  of  the 
corps  to  which  the  man  belongs  of  the  circumstance.     He  is  also 
to  inform  him  when  he  detects  a  recruit,  previously  examined,  sim- 
ulating disabilities;  the  requisite  information  on  those  subjects  may 
be  conveyed  by  means  of  attaching  a  slip  of  paper  to  a  man's  attes- 
tation.    District  surgeons  are  also  directed  to  conform  to  this  rule. 

XII.  The  signature  of  a  medical  officer  to  an  attestation  will  be 
considered   tantamount  to  a  declaration,  that  he   has  personally 
examined  the   recruit  in  question,  according  to  the  routine  mode 
above  described,  and  that  the  man  had  no  blemish  except  as  stated 
in  the  attestation. 

The  routine  mode  of  examination  should  invariably  be  adopted. 
It  is  impossible  to  urge  this  point  too  strongly  on  the  minds  of 
officers  who  have  not  had  much  experience  in  the  examination  of 
recruits. 

In  the  Austrian  military  service,  when  a  medical  officer  approves 
of  a  recruit  or  a  conscript,  he  is  directed  to  state  in  his  certificate 
that  the  man  declares  he  is  in  the  enjoyment  of  good  health,  or 
rather  that  he  is  not  affected  with  any  internal  disease.  This  mea- 
sure is  intended  to  obviate  the  simulation  of  disabilities  after  a  man 
joins  his  rejjiment.  In  the  British  service,  when  a  recruit  is  at- 
tested, he  swears  that  he  is  not  lame,  and  that  he  has  no  disability 
or  disorder  which  impedes  the  free  use  of  his  limbs,  or  unfits  him 
for  ordinary  labour.  Notwithstanding  this  precaution  to  prevent 
any  hut  healtfiy  efficient  men  from  entering  into  the  army,  disabili- 
ties are  frequently  alleged  by  a  recruit  on  joining  a  depot  or  regi- 
ment, and  occasionally  his  simple  allegation  on  that  subject  obtains 


34  MARSHALL  ON  THE  ENLISTING  OF  SOLDIERS. 

more  credit  than  the  oath  he  has  taken,  by  which  means  he  some- 
times succeeds  in  procuring  his  discharge. 

XIII.  The  certificate  of  surgeons  or  assistant  surgeons  of  regi- 
ments, when  they  approve  of  recruits  for  the  corps  to  which  they 
themselves  helong,  will  be  considered  final. 

XIV.  Recruits  who  have  been  intermediately  approved   by  a 
regimental  medical  officer,  or  by  a  medical  officer  on  the  staff  under 
the  rank  of  staff-surgeon,  or  by  a  private  practitioner,  are  to  be 
re-examined  by  a  district  staff-surgeon,  or  by  a  medical  officer  of 
the  regiment  to  which  they  belong.    Should  a  district  surgeon  con- 
sider an  intermediately  approved  recruit  ineligible  for  the  service, 
the  man  in  question  is  to  be  reported  to  the  inspecting  field-officer, 
for  the  purpose  of  being  brought  before  a  board  of  medical  officers, 
whose  decision  in  regard  to  his  eligibility  or  ineligibility  shall  be 
final.     Whenever  a  medical  board  cannot  be  assembled,  a  reference 
shall  be  made,  by  order  of  the  director  general,  to  any  army  medi- 
cal officer  whom  he  may  appoint,  or  he  will,  on  the  reports  received, 
decide  upon  the  case  himself. 

It  will  appear,  by  this  article,  that  all  the  men  enlisted  in  a  re- 
cruiting district  are  eventually  examined  by  the  staff-surgeon  of 
the  district,  except  the  few  who  occasionally  enlist  at  the  head- 
quarters of  a  regiment  or  depot,  and  are  inspected  by  the  medical 
officer  in  charge.  Those  raised  at  the  head-quarters  of  a  recruiting 
depot  are  usually  denominated  "town  recruits"  while  those  enlisted 
in  other  parts  of  the  district  are  commonly  named  "  country  re- 
cruils."  When  the  staff-surgeon  considers  a  country  recruit  ineli- 
gible for  the  service,  and  a  medical  board  concurs  in  that  opinion. 
he  is  commonly  discharged.  By  a  circular  letter  from  the  War 
Office,  bearing  date  29th  April,  1817,  it  appears  that,  in  consequence 
of  a  number  of  recruits  who  had  been  intermediately  approved  by 
medical  officers,  having  been  rejected  by  the  district  surgeons  on 
account  of  disabilities  which  ought  to  have  been  discovered,  the 
Prince  Regent  directed  that,  in  all  such  cases,  the  expense  incurred 
on  account  of  the  recruits  should  be  charged  against  the  medical 
officer  by  whom  they  were  passed  in  the  first  instance.  In  conse- 
quence of  this  order,  a  number  of  medical  officers  had  to  pay  very 
heavy  fines,  and  the  ratio  of  recruits  rejected  was  greatly  increased. 
The  regulation  of  the  29th  April,  1817,  was  rescinded  by  a  letter 
from  the  War  Office,  bearing  date  1 1th  March,  1822. 

XV.  A  similar  course  will  be  adopted  with  respect  to  interme- 
diately approved  recruits,  who  may  be  deemed  ineligible  by  a  regi- 
mental medical  officer  of  the  corps  to  which  they  belong. —  Vide 
Form  of  Return,  Nos.  I  and  2. 

XVI.  The  certificate  of  a  district  staff-surgeon,  in  regard  to  the 
fitness  of  a  recruit  for  the  service,  will  be  deemed  a  final  approval, 
in  as  far  as  respects  a   medical  examination,  except  in  the  case  of 
recruits  for  the  Honourable  East  India  Company's  service. 


INELIGIBLE  RECRUITS.  35 


"  Whenever  a  recruit,  who  has  been  approved  by  a  district  staff- 
surgeon,  joins  ihe  head-quarters  of  the  regiment,  whose  fitness  the 
regimental  medical  officer  does  not  feel  himself  justified  in  confirm- 
ing, the  regimental  medical  officer  is  to  transmit,  through  his  com- 
manding officer,  to  the  Director-General  of  the  Army  Medical 
Department,  a  report  of  the  case,  showing  in  what  the  unfitness  of 
the  recruit  consists,  and  whether,  in  the  regimental  medical  officer's 
opinion,  it  has  originated  since  the  recruit  was  approved  by  the 
district  staff-surgeon."—  War  Office  Circular,  22d  Dec.  1832. 

Hitherto  this  Article,  (XVI.)  has  remained  a  dead  letter,  as  far  as 
the  regular  army  is  concerned;  or  rather  in  practice  it  has  been 
usually  abrogated,  the  approval  of  a  recruit  by  a  staff-surgeon 
being  not  more  final  than  the  approval  of  one  by  a  civil  medical 
practitioner.  Although  a  man  is  certified  as  fit  for  the  service  by  a 
staff-surgeon,  if  he  be  deemed  ineligible  by  the  medical  officer  in 
charge  of  the  reserve  companies,  or  regiment  to  which  the  recruit 
belongs,  he  is  usually  submitted  to  the  decision  of  a  board  of  medi- 
cal officprs,  in  the  same  manner  as  is  directed  in  Article  XIV.  I 
am  not  aware  that  any  reason  has  been  officially  assigned  for  annul- 
ling- Article  XVI.,  and,  consequently,  1  plead  ignorance  of  the  cir- 
cumstances which  may  have  led  to  it.  Regimental  officers,  I  arn 
aware,  allege  that  they  have  a  greater  interest  in  selecting  good 
recruits  for  the  corps  to  which  they  belong,  than  staff-officers  ;  and, 
perhaps,  on  this  account  they  have  obtained  the  privilege  of  disap- 
proving of  the  decisions  of  the  inspecting  field-officers  and  staff- 
surgeons  of  recruiting  districts.  A  staff-surgeon,  who  has  been 
some  time  employed  in  the  duty  of  inspecting  recruits,  is  well 
aware  that  it  is  highly  incumbent  on  him  not  to  approve  of  a  re- 
cruit who  is  unfit  for  the  duty  of  a  soldier,  but  he  is  also  aware 
that  it  is  equally  obligatory  on  him  not  to  reject  men  unless  they 
are  decidedly  unfit  for  service  in  the  army.  The  line  of  demarca- 
tion between  these  two  points  is  so  undefined,  that  1  fear  the  most 
conscientious  and  skilful  performance  of  the  duty  of  a  district  sur- 
geon will  not  always  avert  censure,  in  consequence  of  being  sup- 
posed to  incline  too  much  either  to  one  side  or  the  other.  Were 
the  medical  boards,  to  which  ineligible  recruits  are  referred,  com- 
monly constituted  of  officers  who  have  had  more  experience  in  the 
inspection  of  recruits  than  district  surgeons,  an  appeal  to  their 
opinion  and  decision  might  be  highly  expedient  and  satisfactory ; 
but  when  a  board  happens  to  be  composed  of  officers  who  have 
had  little  or  no  experience  in  this  duty,  and  some  of  whom  may 
never  before  have  examined  men  with  a  view  to  their  fitness  for 
the  service,  its  decision  does  not  always  give  general  satisfaction. 
Safety  is  pot  insured  by  a  "multitude  of  counsellors,"  except  the 
counsellors  have  acquired  wisdom  from  attention  and  experience. 
The  examination  of  recruits  is  a  daily  occupation  with  district  sur- 
geons, and,  provided  they  devote  the  requisite  attention  to  the  sub- 
ject, they  are  more  likely  to  perform  that  duty  impartially,  skilfully, 


36 


MARSHALL  ON  THE  ENLISTING  OF  SOLDIERS. 


and  correctly,  in  every  respect,  than  officers  who  may  not  inspect 
ten  recruits  in  a  year. 

With  regard  to  the  importance  of  the  duty  of  inspecting  recruits, 
and  the  attention  and  care  which  is  required  to  perform  that  duty 
well,  I  shall  subjoin  two  extracts,  one  from  the  Austrian,  and  an- 
other from  the  Prussian  official  instructions  on  the  subject;  together 
with  the  opinion  of  two  medical  officers  of  great  experience,  one 
belonging  to  the  Fr.  nch,  and  the  other  to  the  Belgian  army. 

The  first  extract  is  from  the  Austrian  recruiting  regulations:— 
"The  duty  of  inspecting  conscripts  ancl  recruits  requires  the  ulrnost 
impartiality,  skill,  and  circumspection,  on  the  part  of  a  medical 
officer :  he  has  to  decide  upon  the  fitness  or  unfit  ness  of  a  man  for 
the  army,  and  if  his  decision  be  subsequently  found  incorrect,  he 
becomes  responsible  for  the  consequences,  and  is  liable  to  a  penalty 
which  will  not  be  remitted." — (Instructions  from  the  Austrian 
War  Office,  January,  1809.) 

The  second  extract  is  from  the  Prussian  regulations: — "The 
duty  of  inspecting  recruits,  and  of  determining  whether  they  are 
fit  or  unfit  for  the  military  service  of  the  country,  is  one  of  the 
most  difficult  and  responsible  an  army  surgeon  has  to  perform.  To 
enable  him  to  execute  it  correctly,  and  with  suitable  promptitude, 
he  would  require  more  knowledge  and  experience  than  is  generally 
believed  ;  he  rnus?  possess  an  intimate  acquaintance  with  anatomy, 
physiology,  and  pathology.  A  knowledge  of  these  sciences  is  essen- 
tially required  to  qualify  him  to  decide  on  the  health  and  general 
efficiency  of  .recruits,  and  to  distinguish  between  defects  that  may 
be  real  from  those  that  are  only  feigned.  He  must  also  be  well 
acquainted  with  the  duties  of  the  different  classes  of  soldiers,  infan- 
try, artillery,  and  cavalry,  during  war  as  well  as  in  peace.  The 
qualifications  for  performing  so  important  a  duly  can  be  acquired 
only  by  long  service  and  much  experience.  It  is  impossible  to 
frame  specific  rules  for  the  examination  of  recruits,  so  as  to  obviate 
every  difficulty.  Tn  a  great  variety  of  cases,  the  decision  must 
depend  on  the  discretion  and  experience  of  the  inspecting  medical 
officer." — Regulations  for  the  Medical  Examination  of  Recruits 
for  the  Prussian  army. 

The  examination  of  conscripts  in  France  resembles,  in  some 
measure,  the  inspection  of  men  who  are  alleged  to  he  disabled  and 
unfit  for  further  service  in  the  British  army.  In  the  French  army 
the  inspection  of  conscripts  is  conducted  by  a  recruiting  board, 
composed  of  civil  and  military  officers,  assisted  by  a  rnrdical  officer 
specially  appointed  for  the  purpose,  and  to  whom  the  title  of  inspec- 
tor is  given.  He  does  rio%  however,  form  one  of  the  board,  being 
only  its  assessor,  and  consequently  has  no  vote  in  the  deliberations. 
The  duty  of  the  medical  rfficcr  has  been  summarily  detailed  in  the 
following  passage  by  Beaupre*: — "Conscripts  are  entitled  to  have 
their  alleged  disabilities  examined  and  duly  appreciated,  for  the 
purpose  of  being  exempted  from  serving,  should  they  be  unfit  for 


IMPORTANCE  OF  EXAMINING  RECRUITS.  37 

the  army.  This  right  is  founded  upon  two  principles,  namely,  that 
of  justice  and  humanity,  and  the  interest  of  government.  Medical 
officers  who  are  employed  on  this  duty  should  invariably  be  guided, 
in  the  opinion  they  deliver,  by  impartial  justice  and  the  strictest 
equity.  Neither  power  nor  prejudice  should  have  any  influence 
upon  their  decision;  they  are  equally  the  advocates  of  the  state 
and  of  mankind;  consequently,  they  may  be  alternately  called  upon 
to  defend  the  cause  of  government  and  to  plead  the  rights  of  the 
people.  Before  they  decide  on  the  fitness  of  a  conscript,  they 
should  invariably  keep  in  view  the  irksomeness  of  the  profession 
and  mode  of  life  for  which  he  is  destined,  more  especially  the  con- 
straint occasioned  by  military  equipment,  the  weight  he  will  be 
required  to  carry,  the  fatigue  of  marching,  the  wearisomeness  of 
long  standing  in  the  ranks,  the  toil  he  must  undergo  in  the  perform- 
ance of  military  manoBiivres,  and  the  influence  these  circumstances 
may  have  on  the  health,  particularly  upon  the  organs  of  the  chest. 
They  should  never  forget,  that  a  feeble,  puny  conscript  or  recruit 
rarely  becomes  an  efficient  soldier.  Slight  disabilities  or  diseases 
become  aggravated  by  a  military  life;  and  a  conscript  or  recruit, 
who  does  not  possess  adequate  strength  and  health  to  enable  him 
to  execute  his  various  duties  without  much  fatigue,  soon  droops, 
infirm  health  supervenes,  he  is  admitted  into  hospital,  and  in  the 
course  of  twelve  or  eighteen  months  his  disabilities  render  it  neces- 
sary to  discharge  him  from  the  service." — (Beaupre  sur  le  Choix 
dcs  Hommes,  $*c.) 

Extract  from  a  work  by  Dr.  Fallot,  Physician  to  the  Belgian 
army,  on  the  inspection  of  recruits,  &c. : — "  The  duty  of  inspecting 
conscripts  and  recruits  is  not  only  an  important,  but  a  very  difficult 
task,  partly  in  consequence  of  the  obscurity  of  the  indications  or 
symptoms  of  some  disabilities.  But  to  ascertain  the  existence  or 
the  name  of  a  disability,  is  not  the  only  difficulty  a  medical  officer 
meets  with  ;  he  has  also  to  appreciate  the  disqualifying  degree  of 
an  infirmity,  for  the  purpose  of  deciding  upon  the  fitness  or  unfit- 
ness  of  a  man  for  the  army.  Rules  and  regulations  on  this  sub- 
ject, however  carefully  they  may  be  devised,  and  however  minutely 
they  may  enter  into  detail,  are  but  very  imperfect  guides.  They 
furnish  an  outline,  it  is  true,  of  the  track  which  requires  to  be  fol- 
lowed, but  they  do  not  enable  us  to  escape  the  many  mistakes  into 
which  we  may  fall.  Whoever  is  employed  in  the  duty  of  inspect- 
ing recruits  ought  to  be  intimately  acquainted  with  the  anatomy, 
physiology,  and  the  diseases  of  the  human  body;  and,  above  all, 
he  should  have  devoted  a  long  and  careful  attention  to  the  practice 
of  his  profession— for  in  this  part  of  the  duties'of  a  medical  officer 
there  is  no  substitute  for  experience." — Memorial  dc  f expert  dans 
la  vifi/.e  Sanitaire  ries  Hommes  de  Guerre.  Par  L.  Fallot. 

In  Belgium,  when  a  physician  or  a  surgeon  is  employed  to  exa- 
mine conscripts  or  substitutes  for  the  army,  he  takes  the  following 
oath  :  "  Je  jure  (promets]  de  me  conformer  exactement  dans  fexa- 
mcn  de  la  constitution  physique,  tant  interieure  qrfexterieure  des 


38  MARSHALL  ON  THE  ENLISTING  OF  SOLDIERS. 

volonf.aircs,  inherits  et  rem-plagants,  designes  pour  le  service  de 
la  milice  nationale,  aux  dispositions  arrctces  par  la  loi  sitr  cette 
ini/ice,  de  declarer  fro  vehement  et  de  bonne  foi,  sans  halue  itifa- 
veur,  s'ils  sont  snjets  a  des  maladies  on  des  iujirmiles,  ffiii  Ics 
rendraient  incapable  de  servir. — Ainsi  Dieii  rne  soit  en  aide." 

Dr.  Hamilton  (Duties  of  a  Regimental  Surgeon  considered,} 
has  very  graphically  described  the  difficulties  which  a  medical  offi- 
cer had  to  contend  with  in  the  inspection  of  recruits  for  the  arrny 
ahont  the  year  178'2.  "It  is  the  surgeon's  duty  (he  says)  to  pass 
recruits,  i.  e.  to  examine  whether  men  enlisted  he  fit  for  the  service. 
In  performing  this,  he  labours  under  some  difficulties  ;  for  if  this 
man  be  rejected  by  him  as  improper,  the  officer  who  enlisted  him  is 
offended, — indeed,  in  all  probability  he  is  a  great  loser;  for  if  a  re- 
cruit be  not  approved  of,  all  that  was  given  him  is  lost  to  the  officer. 
But  if,  to  please  the  officer,  the  surgeon  accepts,  and  signs  his  name 
to  the  sound  list,  he  is  blamed  afterwards  by  the  regiment,  as  well 
as  by  the  commanding  officer,  when  it  is  discovered  the  man  is 
always  in  the  sick  reports,  and  really  unfit  for  a  soldier.  Hence  he 
must  be  discharged;  the  king  loses  by  him,  and  the  service  is  in- 
jured. We  may  place  this,  however,  among  the  surgeon's  difficul- 
ties, for  he  oftentimes  finds  himself  in  a  dilemma  ;  and  let  him  act 
as  he  will  on  these  occasions,  he  may  be  sure  of  giving  offence  to 
some  party.  It  is  wrong  to  cheat  the  king  and  sign  a  falsehood; 
it  is  a  pity  to  put  an  officer,  who  perhaps  has  only  his  pay  to  sup- 
port him,  and  is  now  under  the  increased  expense  of  the  recruiting 
service,  to  the  loss  he  must  sustain  by  rejecting  his  recruit."  -Dr. 
Hamilton  is,  so  far  as  I  know,  the  earliest  medical  author  who 
alludes  to  the  duty  of  examining  recruits.  I  have  not  been  able  to 
learn  when  the  assistance  of  medical  officers  was  first  required  in 
the  examination  of  recruits  in  the  British  army. 

In  addition  to  the  difficulties  attending  the  duty  of  the  inspecting 
recruits,  enumerated  by  Dr.  Hamilton,  a  district  surgeon,  when  he 
approves  of  a  recruit  who  is  subsequently  deemed  ineligible  for  the 
service  by  a  medical  board,  is  liable  to  be  called  upon  by  the  gene- 
ral commanding  in  chief,  and  by  the  director-general  of  the  medi- 
cal department,  to  ojve  his  reasons  for  passing  him.  The  only 
reason  which  a  district  surgeon  can  render  is,  that  he  considered 
tho  recruit  fit  for  military  duty;  and  as  he  can  have  but  a  very 
imperfect,  if  any,  recollection  of  the  man,  what  more  can  be  ex- 
pected ?  In  general,  the  members  of  medical  boards  have  had  but 
little  practical  acquaintance  with  the  duty  of  inspecting  recruits, 
arid,  consequently,  no  great  deference  is  usually  paid  to  their  opi- 
nion. It  is  not  a  rare  circumstance  for  a  district  staff-surgeon  to 
approve  of  a  recruit  who  he  knows  had  been  formerly  found  unfit 
by  a  medical  board.  Indeed,  a  district  surgeon  who  considered  a 
recruit  qualified  for  the  service  would  not  be  warranted  in  rejecting 
him,  merely  on  account  of  a  different  opinion  having  been  expressed 
in  regard  to  his  fitness  by  a  medical  board  at  a  former  period. 
Colonel  Robinson,  \r*i6-  pubJished  A  Letter  to  a  General  Officer 


IMPORTANCE  OF  EXAMINING  RECRUITS.  39 

on  the  Recruiting'  Service,  in  1811,  highly  disapproved  of  the 
mode  of  inspection  and  the  rejection  of  recruiis  by  district  sur- 
geons, who,  he  says,  "are  so  hampered  by. their  instructions,  that 
they  cannot  freely  exercise  their  own  judgment  in  performing  their 
duty,  and  great  numbers  of  actually  serviceable  men  are  in  conse- 
quence entirely  lost  to  the  army.71  When  Colonel  Robinson  pub- 
lished his  letter,  he  was  Inspecting  Field  Officer  of  the  London 
district;  and.  as  fie  had  much  experience  in  the  recruiting  service, 
his  opinion  deserves  careful  consideration. 

Medical  boards  and  military  officers  are  commonly  more  credu- 
lous than  district  surgeons,  w'.o  find  from  experience  that  they  are 
very  liable  to  be  deceived,  if  much  dependence  is  placed  upon  the 
testimony  of  recruits  regarding  disabilities  which  have  no  obvious 
cause.  When  a  recruit  is  attested,  he  swears  that  he  does  not  suffer 
under  any  disability  or  disorder  which  impedes  the  free  use  of  his 
limbs,  or  unfits  him  for  ordinary  labour;  but  sometimes,  when  a 
man  joins  his  depot,  he  alleges  that  he  labours  under  some  disabil- 
ity, such  as  lameness,  or  dimness  of  vision,  and  on  account  of  these 
alleged  infirmities,  recruits  are  occasionally  found  unfit  for  the  ser- 
vice by  a  board.  I  have  seen  a  copy  of  a  letter  from  a  staff-officer, 
high  in  rank,  serving  on  a  foreign  station,  of  which  the  following 
passage  is  an  extract:  "As  old  soldiers,  who  have  been  discharged 
and  sent  home,  frequently  are  returned  as  recruits,  and  men  suffer- 
ing from  fractured  sft tills,  with  plains  introduced  into  their  heads, 
have  found  means  to  be  enlisted,"  &c.  I  have  no  doubt  that  men 
who  wished  to  be  discharged  would  relate  such  stories;  hut  what 
opinion  could  they  entertain  of  the  common  sense  of  the  officers 
who  credited  their  fictions? 

In  the  duty  of  inspecting  recruits,  officers  of  experience  nnd  ob- 
servation are  guided,  in  a  great  degree,  by  their  knowledge  of  the 
duties  and  habits  of  soldiers ;  whereas  young  officers,  or  officers 
who  have  had  but  little  experience  in  this  particular  branch  of 
duty,  are  apt  to  be  more  influenced  by  the  letter  than  the  spirit  of 
the  "Instructions,"  and  frequently  consider  men  disqualified  for  the 
service,  on  account  of  a  blemish  which  a  more  experienced  officer 
would  not  deem  a  disqualification  for  the  service,  or  the  existence 
of  which  they  might  think  so  doubtful  as  not  to  warrant  rejection. 
I  have  known  recruits  who  were  approved  by  staff-surgeons  of 
much  experience,  and  who  were  reported  ineligible  by  regimental 
medical  v->fficers,  and  subsequently  found  unfit  by  medical  hoards, 
on  account  of  alleged  blemishes  of  a  very  unimportant  or  doubtful 
character;  for  example,  a  slightly  enlarged  state  of  the  veins  of 
the  scrotum;  imperfect  execution  of  the  "goose  step;"  loss  of  the 
first  joint  of  the  middle  finger  of  the  left  hand;  the  cicatrix  of  a 
scald  on  the  thigh,  which  was  not  concealed  by  a  kilt.  A  collec- 
tion of  the  alleged  disabilities  for  which  medical  boards  have  found 
recruits  unfit  for  the  service,  would  be  both  an  amusing  and  an 
instructive  document.  I  am  well  aware  that  instances  occasionally 
occur  of  recruits,  respecting  whose  efficiency  two  officers,  cf  what- 


40  MARSHALL  ON  THE  ENLISTING  OF  SOLDIERS. 

ever  standing:,  rank,  or  experience  in  the  army,  may  conscientiously 
entertain  different  opinions,  without  any  reflection  upon  the  atten- 
tion or  ability  of  either. 

XVII.  To  enable  a  man  who  secures  a  deserter  to  receive  the 
usual  reward,  a  certificate  of  his  fitness  for  the  service  must  he  pro- 
duced to  the  magistrate  who  commits  him.     In  the  examination  of 
a  deserter,  medical  officers  will  recollect  that  he  is  already  in  the 
service,  consequently  he  should  not  be  found  unfit  for  military  duty, 
unless  he  suffers  under  a  serious  disqualifying  disability;  such  as 
would  render  it  necessary  to  discharge  a  soldier  from  the  army. 

Were  a  similar  degree  of  strictness  observed  in  regard  to  the  fit- 
ness of  deserters  as  of  recruits,  many  a  soldier  who  knew  that  he 
had  a  slight  blemish,  such  as  a  little  enlargement  of  the  veins  of  a 
leg,  or  might  easily  feign  one,  would  desert  in  the  hope  of  being 
certified  unfit  for  the  service,  and  thus  obtain  his  discharge,  when 
he  pleased  to  surrender  himself.  Deserters  who  are  returned  unfit 
for  service  receive  a  protecting  certificate  from  the  adjutant-general. 
I  have  inspected  deserters  who  were  brought  to  me  with  extensive 
sloughs  on  the  legs,  apparently  occasioned  by  the  recent  applica- 
tion of  aquafortis:  to  have  certified  these  men  unfit,  would  have 
been  to  become  the  dupe  of  their  knavery.  Deserters  sometimes 
voluntarily  mutilate  themselves  after  they  are  taken,  and  before 
they  are  brought  to  a  medical  officer  for  inspection. 

XVIII.  Every  recruit  who  has  not  passed  through  small-pox,  or 
vaccine  disease,,  is,  if  possible,  to  be  vaccinated  by  the  inspecting 
medical  officer;  and  if  the  exigencies  of  the  service  will  not  permit 
this  to  be  done,  the  circumstance  is  to  be  reported  to  the  surgeon  of 
the  corps  to  which  the  man  belongs. 

XIX.  The  books  required  to  be  kept,  in  regard  to  this  branch  of 
the  duty  of  a  medical  officer,  are  : — 

1.  A  register  o*f  recruits,  which  is  to  be  ruled  so  as  to  contain 
the  following  heads: 

A. — Date  of  examination. 

B. —  Regiment. 

C. — Name  of  each  recruit. 

D.— Age. 

E. — Country  of  birth  (as  England,  Ireland,  or  Scotland.) 

F. — Previous  occupation,  or  station  in  life. 

G. — Small-pox  <"»r  cow-pox. 

H. — Remarks  and  observations. 

2.  A  letter  and  return  book. 

3.  A  vaccination  register. 

XX.  Medical  officers  attached  to  recruiting  depots  will  forward 
to  the  director  general  a  numerical  return,  dated  on  the  first  of  each 
month,  of  the  recruits  examined,  with  the  numbers  rejected  and 
approved  during  the  preceding  month. 

XXI.  District   surgeons   and    regimental   medical    officers   arc 


NOTES  AND  ILLUSTRATIONS. 


41 


directed  to  transmit  to  the  director  general  an  annual  return  of  the 
recruits  they  examine. —  Vide  form,  of  return,  No.  3. 

XXII.  When  district  surgeons  have  the  charge  of  sick,  they  are 
to  comply  with  the  regulations  issued  lor  the  guidance  of  regimental 
medical  officers  in  the  exercise  of  their  duty,  and  to  forward  similar 
returns. 

(Signed)  J.  M'G RIGOR,  Director  General. 

FORM  OF  RETURNS. 
No.  1. 

Return  of  (one  or  more  recruits)  who  have  joined  the  recruiting 
depot  or  regiment,  and  who,  upon  examination,  have  been  con- 
sidered ineligible  for  his  majesty's  service. 


NAME. 

Date  of 
Enlistment. 

Intermediately 
approved  by 

Cause  of 
Ineligibility. 

- 

Signatures 


Surgeon. 
Commanding  Officer. 


No.  2. 


Proceedings  of  a  board  of  medical  officers,  assembled  by  order  of 

for  the  purpose  of  reporting  upon  the  state  of 

A.  B.,  a  recruit,  who  has  been  considered  ineligible  for  service,  by 

V  Members  of  the  Board. 

The  board,  having  carefully  examined  A.  B.  a  recruit  belonging 
to  regiment,  who  has  been  deemed  ineligible  for  the  service, 

by  in   consequence  of  [here  insert  the 

cause  of  the  alleged  disability,]  and  n'nd  that  he  [here  describe 
the  kind  and  degree  of  whatever  disability  he  may  labour  under,] 
we  are  of  opinion  that  the  above-named  recruit  is  for  the 

service. 

Signatures  of  the  members  r  ii*>J 

of  the  board.  i 

The  decision  of  a  board  of  medical  officers  is  commonly  conclu- 
sive, and  the  opinion  or  finding  forthwith  acted  upon,  but  their 
proceedings  are,  however,  liable  to  be  revised  ;  at  any  rate  I  was  a 
member  of  a  medical  board,  which  was  called  upon  by  the  adjutant 


43  MARSHALL  ON  THE  ENLISTING  OF  SOLDIERS. 

general  through  Dr.  Renny,  director  general  of  hospitals  in  Ireland, 
to  assign  reasons  for  the  finding  which  \ve  had  given  in  regard  to 
the  inefficiency  of  a  recruit,  and  in  consequence  of  which  he  had 
been  rejected.  As  the  recruit  in  question  was  not  produced  for  a 
second  examination  by  the  hoard,  the  members  had  it  not  in  their 
power  to  reconsider  the  evidence  upon  which  they  had  pronounced 
an  opinion,  namely,  the  appearance  of  the  man  himscif.  and,  con- 
sequently, could  not  revise  their  finding  and  final  decision  in  re- 
spect to  his  uu  fit  ness. 

In  Ireland,  when  a  board  was  ordered  to  examine  recruits  who 
were  considered  ineligible  by  a  district  staff-surgeon,  or  by  the 
medical  officer  of  a  regiment,  it  was  customary,  and  perhaps  the 
practice  still  prevails,  to  inform  the  members  that,  "  in  the  event  of 
the  recruit  being  pronounced  unfit  to  be  retained,  it  is  desirable  that 
the  board  should  express  its  opinion  as  to  the  probability  of  his 
being  unable  to  impose  on  the  public  by  re-entering  the  service;" 
and  when  a  recruit  was  found  unfit,  the  board  usually  added,  "that 
he  is  not  likely  to  re-enter  the  service."  The  question  respecting 
"  the  probability  of  a  recruit  being  again  enabled  to  impose  on  the 
public,"  is  often  very  difficult  to  solve.  It  involves  two  important 
points,  first,  the  cognizable  and  disabling  nature  of  the  infirmity; 
and  secondly,  the  talents,  experience,  and  judgment  of  the  medical 
officers  before  whom  he  is  brought  for  examination.  The  circum- 
stance of  a  recruit  having  been  approved,  appears  satisfactory  evi- 
dence of  the  possibility,  if  not  the  probability,  of  his  being  approved 
again,  should  he  present  himself  for  examination. 

No.  3. 

Return  of  recruits  inspected  at  the  recruiting  depot  or  regi- 

ment, from  the  1st  January  ,  to  the  31st  December 

inclusive.- 


Approved 

Rejected  .... 

Total  inspected 

: _ _ 

CAUSES  OF  REJECTION. 

No. 

Unsound  health         ..... 

Weak  intellect  ..... 

Traces  of  scrofula     ..... 

Muscular  tenuity       ..... 

Chronic  cutaneous  affections 

Specks  on  the  cornea  .... 

Cataract         ...... 

Deafness        ...... 

Loss  of  many  teeth  .... 


NOTES  AND  ILLUSTRATIONS.  43 

Defective  condition  of  the  superior  extremities  in  conse-  ) 
qnence  of  old  fractures,  contractions,  &c.  <fcc.  $ 

Deformed  spine      '*  }4)       i':Vp"'      l-'*£ -\      ^V 

TT  (  Right  side 

Hernia,  inguinal    ^u-,      :,,..,.,          *.v      >..-.   .  7,    -  , 

(  Left  side 

C  Both  sides 
Laxity  of  the  ring  of  the  external  oblique  muscles   <  Right  side 

(  Left  side 
Varicose  veins,  left  spermatic  cord  -7Ii! 

Ditto  right          ditto       Jw.-sl.      c*i/;  I       .*pr 

Disease  of  the  left  testicle   >•••'.>  "•«       wp        *>S!A        -\^> 

Ditto   of  the  right  ditto     ^  .•»»'       JV'j       t(i»v*       ;   L 
Hydrocele,  hoth  testicles    U:'J!         ^  i<      ~^.V      *'. 

Ditto        right     °  2^      °'.^.      oii.\9;      ii-v!j       tl->;5s. 
ITydrocele,  left  testicle          -'ij-5      .  ^5C       1l  ,»'j      ss.;^ 
Di-fective  condition  of  the  inferior  extremities,  in  conse-  ) 
quence  of  old  fractures,  malformation,  &c.  &c.  ) 

Varicose  veins  of  both  legs     .          '  fl^      b  ipn       \i\\t\y 
Ditto  of  the  right  leg        >"'.'Jn       :'fcj*r      -lij  »»• 

Ditto  of  the  left         .          '^  8!      ^«i'=.lv      "»Y-:f< 

Ulcers,  wounds,  or  cicatrices  of  ditto  J   J"        'I'V  • 

Traces  of  corporal  punishment        i  •;/>)      >  :.:••         '•';• 
&c.       &c.       &c.— (  F/«/e  ^b/c,  ./Vo.  VI.) 

Obscure  or  doubtful  disabilities. — The  instructions  relative  to 
the  inspection  of  recruits  are  more  particularly  calculated  to  prevent 
men  from  being  approved  for  the  army  who  suffer  under  concealed 
(dissimulated)  disabilities;  and  when  an  army  is  recruited  by  volun- 
tary enlistment,  this  is  certainly  the  class  of  infirmities  concerning 
which  a  medical  officer  should  be  especially  on  his  guard.  But  as 
many  recruits  regret  enlisting  before  they  are  inspected,  some  of 
them  endeavour  to  be  relieved  from  enlistment,  by  alleging  that 
they  are  liable  to  certain  disabilities,  such  as  vertigo,  frequent  head- 
ach,  short  sight,  occasional  haemoptysis,  chronic  rheumatism,  epi- 
lepsy, periodic  asthma,  incontinence  of  urine,  weakness  of  memory, 
and  partial  lameness.  A  medical  officer  requires  to  be  on  the 
watch,  lest  he  should  be  imposed  upon  by  the  feigning  (simulation) 
of  disqualifying  infirmities,  as  well  as  to  detect  and  recognise  con- 
cealed disabilities. 

The  following  disabilities  may  exist  without  the  knowledge  of 
a  recruit,  and  they  may  also  escape  the  cognizance  of  a  very  care- 
ful medical  officer,  incipient  consumption,  aneurism  of  an  arte- 
rial trunk,  lumbar  abscess,  certain  degrees  of  weakness  of  intel- 
lect. 

Efficiency  required  of  different  branches  of  the  service. — Ac- 
cordmg  lo  Dr.  Jackson,  the  duty  imposed  upon  medical  officers  in 
the  inspection  of  recruits  is,  "  not  to  select  what  is  every  way  good, 
but  to  reject  what  is  absolutely  unfit."  The  instructions,  however, 
direct  that  no  recruit  is  to  be  approved,  unless  he  possesses  "  ade- 


44  MARSHALL  ON  THE  ENLISTING  OF  SOLDIERS. 

quate  strength  for  the  duties  which  he  may  be  called  upon  to  per- 
form," and  a  medical  officer  will  require  to  take  into  consideration 
the  specific  duties  of  different  branches  of  the  army,  for  which  the 
recruit  may  be  intended. 

Ordnance  Department. — Recruits  for  this  branch  of  the  service 
ought  to  be  powerful  athleiic  men.  The  duties  of  the  field,  and 
even  of  the  arsenal,  are  laborious,  arid  require  great  strength.  In 
some  respects,  however,  artillery-men  undergo  less  fatigue  than 
infantry  of  the  line.  They  do  not,  in  general,  carry  their  knapsack 
on  a  march,  and  are  little  exposed  to  night  duty. 

Cavalry. —  Dragoons  are  almost  constantly  employed  either  at 
drill  or  in  the  stables,  but  their  duty  is  not  commonly  very  fa- 
tiguing. As  they  do  not  carry  their  necessaries,  a  march  does  not 
add  so  much  to  their  exertions  as  to  those  of  infantry  soldiers,  and 
on  active  service  they  are  .generally  much  better  protected  from 
vicissitudes  of  weather.  According  to  the  Prussian  regulations  for 
the  examination  of  recruits,  an  equal  degree  of  care  is  not  required 
in  the  examination  of  men  whose  chests  are  contracted,  or  whose 
limbs  are  ill-formed,  if  intended  for  cavalry,  as  if  for  infantry  corps. 
The  following  blemishes  do  not  disqualify  men  for  service  in  the 
Prussian  cavalry;  the  deformity  usually  denominated  in-kneed, 
cicatrices  of  ulcers  on  the  legs,  loss  of  a  great  toe,  moderately  de- 
formed feet,  and  flatness  of  the  soles  of  the  feet. 

Infantry. — An  infantry  soldier  does  not  usually  undergo  much 
fatigue  during  peace,  but  on  active  service  he  is  exposed  to  perhaps 
greater  fatigue  than  either  artillery-men  or  dragoons.  On  a  march 
he  is  obliged  to  carry  his  knapsack,  accoutrements,  <fcc.,  which 
weigh  about  sixty  pounds.  He  is  also  liable  to  much  night  duty. 
Infantry  soldiers  look  sooner  old  than  persons  in  civil  life,  so  do 
sailors, — a  circumstance  which  perhaps  depends  chiefly  on  night 
duties  and  disturbed  sleep.  This  branch  of  the  army  has  always 
a  larger  proportion  of  sickness  and  perhaps  of  mortality  than  either 
the  ordnance  or  cavalry,  which  probably  arises  from  greater  fatigue 
and  more  frequent  exposure  to  the  vicissitudes  of  weather.  Re- 
cruits for  the  infantry  should,  therefore,  as  far  as  regards  health  and 
muscular  capability,  be  selected  with  even  more  care  than  for  ca- 
valry corps. 


;: 


45 


NOTES  AND  ILLUSTRAT 

• 

•  • ~- 

_ 
NOTE  I.     Page  1. 

Form  of  Attestation. 

UNLIMITED  SERVICE. 

ATTESTATION  FOR  REGIMENTS. 


QUESTIONS. 

To  be  separately  asked  by  the 
magistrate. 

1.  What  is  your  name?     .     . 

2.  In   what  parish,  and  in,  or 
near  what  town,  and  in  what 
county,  were  you  born? 

3.  What  is  your  age  ? 


ANSWERS. 


To  be  sworn  to  by  the  recruit. 


In  the  parish  of 
near  the  town  of 
in  the  county  of 

•*    \r\  .       Years. 


in  or 


Months. 


4.  What  is  your  trade  or  calling?     .     . 

5.  Are  you  an  apprentice  ?       .... 

6.  Are  you  married  ? 

7.  Are  you  ruptured,  or  lame; 
have  you  ever  been  subject  to 
fits;  or  have  you  any  disabi- 
lity or   disorder   which    ini-  }• 
pedes  the  free   use  of  your 
limbs,  or  unfits  you  for  ordi- 
nary labour? 

8.  Are  you  willing  to  be  attest-  ] 
ed  to  serve  in  the  regi- 
ment of 

until  you  shall  be  legally  dis-  j 
charged  ?  J 

9.  On  what  day,  and  by  whom  /*    Qn  tj1e 
were  you  enlisted?1     .     .     .    J 

10.  For  what  bounty  did  yon  en- 
list?    .     .     .     .  x    -     .     . 

1  The  recruit  cannot  be  attested  sooner  than  twenty-four  hours,  nor  later 
thau  font  days  after  bis  enlistment. — 33d  clause  of  Mutiny  Act. 

7 — e  4  mar 


46  MARSHALL  ON  THE  ENLISTMENT  OF  SOLDIERS. 

11.  Do  you  now  belong  to  the 
militia?1 

12.  Do  you  belong  to  any  other  ) 
regiment,  or  to  the  marines,  > 
ordnance,  or  navy  1    .     .     .    3 

13.  Have  you  ever  served  in  the  ) 
army,  marines,  ordnance,  or  > 
navy?2 ) 

I  do  make  oath  that  the 

above  questions  have  been  separately  put  to  me ;  that  the  answers 
thereto  have  been  read  over  to  me ;  and  that  they  are  the  same  that 
I  gave,  and  are  true. 

I  do  also  make  oath,  that  I  will  be  faithful  and  bear  true  alle- 
giance to  her  majesty,  her  heirs,  and  successors,  and  that  1  will,  as 
in  duty  bound,  honestly  and  faithfully  defend  her  majesty,  her 
heirs,  and  successors,  in  person,  crown,  and  dignity,  against  all 
enemies,  and  will  observe  and  obey  all  orders  of  her  majesty,  her 
heirs,  and  successors,  and  of  the  generals  and  officers  set  over  me. 

So  help  me  God. 
Witness  my  hand, 

Sworn  before  me,  at 

(  Signature  of 


this  day  of 


the  recruit. 


one  thousand  eight  \ 

Witness  present. 


hundred  and 

Signature  of  the  Magistrate. 


ARTICLES  OF  WAR. 


First  and  Second  Articles  of  the  Second  Section. 

1.  "  Any  officer  or  soldier,  who  shall  begin,  excite,  cause,  or  join 
in  any  mutiny  or  sedition,  in  any  of  our  land  or  marine  forces,  or 
in  any  party,  post,  detachment,  or  guard,  on  any  pretence  whatever; 
or  who,  being  present  at  any  mutiny  or  sedition,  shall  not  use  his 

1  The  magistrate  is  directed,  in  puujng  the  llth  question  to  the  recruit. 
and  before  he  receives  his  answer,  distinctly  to  apprize  the  recruit,  that  if  he 
belongs  to  the  militia  and  denies  the  fact,  he  is  liable  to  six  months'  impri- 
sonment. 

2  If  so,  the  recruit  is  to  state  the  particulars  of  his  former  service  and  the 
cause  of  his  discharge,  and  is  to  produce  the  certificate  of  his  discharge,  if 
h«  has  it  with  him. 


NOTES  AND  ILLUSTRATIONS.  47 

utmost  endeavour  to  suppress  the  same;  or  who,  coining  to  the 
knowledge  of  any  mutiny,  or  intended  mutiny,  shall  not,  without 
delay,  give  information  to  his  commanding  officer; — or 

2.  "  Who  shall  desert  from  our  service,  (whether  or  not  he  shall 
re-enlist  therein  ;)  shall  suffer  death,  or  such  other  punishment  as 
by  a  general  court  martial  shall  be  awarded," 

Description  of 

Age,  apparently 

Height  Feet  Inches. 

Complexion 

Eyes 

Hail- 
Any  distinctive  mark. 

To  wit,  )      I  one  of  her  majesty's  justices 

\  of  the  peace  of  do  hereby  certify 

that  the  above  is  the  description  of  the  recruit, 

and  in  my  presence  all  the  foregoing  questions  were 
put  to  the  said  that  the  answers  written 

opposite  to  them  are  those  which  he  gave  to  me  ;  and  that  the  1st 
and  2d  articles  of  the  2d  section  of  the  articles  of  war  were  read 
over  to  him,  that  he  took  the  oath  of  allegiance  and  fidelity,  that  he 
received  the  sum  of  on  being  attested  this  day,  and 

that  I  have  given  him  a  duplicate  of  this  certificate,  signed  with  rny 
name. 

(  Signature  of  the 
(_       magistrate. 

SURGEOiN'S  CERTIFICATE. 


I  have  examined  the  above-named  recruit,  and  find  that  he  has 
no  rupture  nor  mark  of  an  old  wound  or  ulcer  adhering  to  the 
bone:  he  is  free  from  varicose  veins  of  the  legs,  and  has  the  full 
power  of  motion  of  the  joints  and  limbs.  He  is  well  formed,  and 
has  no  scrofulous  affection  of  the  glands,  scald  head,  or  other  in- 
veterate cutaneous  eruptions ;  and  he  is  free  from  any  trace  of  cor- 
poral punishment.  His  respiration  is  easy,  and  his  lungs  appear  to 
be  sound.  He  has  the  perfect  use  of  his  eyes  and  ears.  His  gene- 
ral appearance  is  healthy,  and  he  possesses  strength  sufficient  to 
enable  him  to  undergo  the  fatigue  to  which  soldiers  are  liable.  I 
consider  him  fit  for  her  majesty's  service.  He  has  the  following 
particular  marks  or  scars. 

Dated  this  day  of 

Signature  of  \ 
Surgeon.      \ 
Confirmed.  Surgeon  to  Regiment. 

having  been  finally  approved,  I  caused 


48 


MARSHALL  ON  THE  ENLISTING  OF  SOLDIERS. 


his  name,  age,  date,  of  attestation,  and  every  prescribed  particular, 
to  be  recorded  in  the  regimental  register,  with  the  No.  affixed 

to  his  name;  and  I  certify  that  I  am  satisfied  with  the  correctness 
of  this  attestation,  and  that  the  forms  required  by  the  mutiny  act 
appear  to  have  been  complied  with. 

j-v  .  (  Signature,  officer 

\     commanding. 
NOTE  II.     Page  8. 

Extract  from   evidence  delivered  before  his  majesty^s  commis- 
sioners for  inquiring  into  the  system  of  military  punishments 
in  the  army,  March  15,  1836. 
FIELD  MARSHALL  THE  DUKE  OF  WELLINGTON. 

l<  Question  5806. — Has  any  mode  ever  suggested  itself  to  your 
grace,  by  which  a  better  class  of  persons  might  be  induced  to  enter 
into  the  army,  tinder  the  present  mode  of  voluntary  enlistment?  I 
should  say  not.  The  objection  to  entering  into  the  army,  in  my 
opinion,  is  the  severity  and  regularity  of  the  duty,  the  regularity  of 
the  discipline,  and  the  life  which  the  soldier  is  obliged  to  lead,  and 
which  you  must  oblige  him  to  lead  ;  the  climates  to  which  he  is 
exposed,  and  the  constancy  of  the  service  in  those  climates.  I  do 
not  think  that  a  better  description  of  persons  would  be  induced  to 
enlist  than  at  present,  voluntarily,  not  even  for  any  bounty,  because 
the  amount  of  the  bounty  is  no  consideration.  ***  I  do  not  think 
any  bounty  would  procure  the  service  of  a  better  description  of  men 
than  is  enlisted  at  present." 

NOTE  III.     Page  11. 

Statement  of  the  mean  ratio  of  mortality  which  occurred  among 
the  troops  employed  in  the  following  stations,  from  1st  Janu- 
ary 1831,  to  3lst  December  1836,  being  a  period  of  seven 
years. 


Mean  annual  ratio  of 
Mortality  per  1000  of 
all  ages,  from  1831  to 
1837. 


li 
e 
o 


Annual  ratio  of 
ty  within  the 
periods  of  life,  p 
the  mean  stren 


o  o  o 


eoi/jsoeoeoeo  oocs 
10  Tf  —  c*  c>i  o?  t^  --  06 
•-•  «-i  01  <N  o»  —  i  to  01  cq 


t-;  co  .-; 
TjJod-* 
n  TJI  rt 


<?* 
(M< 


~  ti  tO  CD  O 


—  ;  <?J  »o 

!*:^-^ 
en  1/5  -^ 


i—  cioco 

-J  «0  C«3 


OOOt-          00t-t—  Tj« 


—*  s  f  ri  o 


NOTES  AND  ILLUSTRATIONS. 


49 


Noxious  agents  or  causes  of  mortality  exist  in  all  countries,  and 
these  causes  of  mortality  will  have  greater  or  less  influence  upon 
the  human  body,  in  proportion  to  its  conservative  powers.  The 
rate  of  mortality  among  a  body  of  troops  is  therefore  in  some  degree 
a  test  of  the  existence,  and  a  measure  of  the  power  of  these  destruc- 
tive agents.  It  has  long  been  supposed  that  the  conservative  pow- 
ers of  the  constitution  acquired  strength  by  length  of  residence  in 
unhealthy  climates;  but  this  inference  or  conjecture  derives  no  con- 
firmation from  statistical  investigation,  for  example,  the  observation 
in  regard  to  Jamaica,  in  the  above  statement,  one  man  in  seven  dies 
annually  in  Jamaica,  and  the  strength  is  usually  kept  up  by  young 
recruits,  varying  from  19  to  21  years  of  age.  Now,  if  the  conser- 
vative powers  of  the  constitution  gained  strength  by  length  of  resi- 
dence in  Jamaica,  the  ratio  of  mortality  between  the  ages  of  25  and 
33  should  be  very  obviously  lower  than  during  the  period  between 
the  ages  of  18  and  25,  but  the  reverse  is  the  case,  not  only  in  regard 
to  Jamaica,  but  also  in  regard  to  the  Windward  and  Leeward 
Island  station,  and  uniformly  in  all  the  other  stations,  both  in  the 
temperate  and  torrid  zones.  I  may  also  state  that  the  mortality  of 
epidemics  has  been  found  to  follow  the  general  law  of  the  mortality 
of  age. 

NOTE  IV.     Page  14. 

Estimate  of  the  annual  number  of  recruits  required  for  the  Bri- 
tish army. 

Statement  of  the  effective  strength  of  the  British  army  employed  at 
home,  and  on  foreign  service — the  number  of  deaths,  and  the 
ratio  of  mortality,  together  with  the  number  discharged  for  a 
period  often  years, — or  from  1819  to  1828  inclusive. 


g  .„  ^  Effective 

~ 

Effective 

. 

r£  c  strength, 

III 

Years. 

strength. 

1 

£  g  g  SStli  Dec. 

"2 

Discharged. 

25th  Oec. 

s 

§••=5    Foreign 

5 

O.-0  v. 

£.      02 

at  home. 

£  c  o.  Service. 

^   Q. 

1819, 

53,380 

492'  0.9 

54,992 

3755 

6.3 

15,940 

1820, 

54,527 

740    l.l 

50,557 

25*4 

5.1 

7,654 

1821, 

37,988 

620    1.6 

51,277 

22-20 

4.2 

19,965 

1822, 

41,530 

560*  1.3 

46,709 

2692 

5.7 

7,300 

1823, 

40,786 

566    1.3 

48,995 

1981 

4.0 

5,250 

1824, 

42,585 

651    1.5 

49,888 

2257 

4.5 

4,'»25 

1825, 

57,048 

854   1.6 

53,755 

384!) 

7.1 

5,703 

1826,!  48,826 

1082   2.2 

58,339  4513 

7.7 

8,613 

1827,1  47,747 

824    1.7 

58,440  3713 

6.3 

5,670 

1828, 

46,193 

828 

1.8 

59,592  2814 

4.7 

4,471 

Total, 

470,610 

531,534 

Mean 

of  ten 

47,061 

721 

1.5 

53,153 

3037 

5.7 

8,549 

General  Abstract. 

Strength.                         Deerement  by  deaths  and  discharges. 

108,372 

20,187* 

105,084 

10,977* 

89,265 

22,805* 

88,239 

10,552* 

89,781 

7,799 

92,473 

7,833 

110,803 

10,406 

107,165 

14.208* 

106,187 

10,207 

104,785 

8,113 

1,002,144 

123,078 

100,214 

12,307 

50  MARSHALL  ON  THE  ENLISTING  OF  SOLDIERS. 


Years. 

1819, 
1820, 
lS2lr 

1822, 
1823T 
1824, 
1825r 
1826, 
1827, 
1828, 

Aggregate  strength 
and  decrement. 

Mean  of  10  years, 

From  this  abstract  it  appears  that  the  mean  annual  decrement  of 
the  army  by  death  and  discharges,  for  a  period  of  ten  years,  amount- 
ed to  12.308;  but  an  exact  or  conclusive  inference  cannot  be 
drawn  from  this  circumstance  in  regard  to  the  ordinary  decrement 
by  death  and  disabilities,  and  the  annual  number  of  recruits  re- 
quired to  keep  up  the  strength  of  the  army,  inasmuch  as  it  is  more 
than  probable  that  during  the  years  marked  with  an  asterisk  the 
number  of  discharges  may  have  been  considerably  increased  by  the 
reduction  or  disbandment  of  one  or  more  regiments.  The  decre- 
ment by  desertions,  it  will  be  recollected,  is  not  included  in  the 
above  return.  In  all  likelihood,  the  annual  number  of  recruits 
required  to  fill  up  the  vacancies  in  the  British  army  arising  from 
death,  discharges,  and  desertion,  during  a  period  of  peace,  will 
amount  to  about  11,000  or  12,000  men. 

NOTE  V.     Page  28. 

Flatness  of  the  soles  of  the  feet.  (Circular  addressed  to  the  medi- 
cal officers  of  the  Prussian  army,  by  Gorcke,  director-general  of 
the  medical  department.) 

In  the  examination  of  recruits  mistakes  are  often  made  by  con- 
founding two  different  kinds  of  deformity  of  the  feet,  of  which  one 
is,  in  common  language,  termed  Jlat  feet,  the  other  broad  feet. 
Want  of  due  discrimination  in  this  respect  gives  rise  to  errors  on 
the  part  of  a  medical  officer  who  is  directed  to  examine  whether  a 
recruit  be  fit  for  military  service.  The  following  observations  will, 
it  is  hoped,  obviate  such  mistakes  in  future.  In  the  flat  foot  the 
bones  of  the  leg  are  for  the  most  part  natural ;  there  is,  however, 
an  irregularity  in  the  manner  in  which  the  bones  are  placed  on  the 
foot,  and  in  the  relative  position  of  their  distant  extremities  with 
respect  to  the  bones  of  the  tarsus.  The  inner  ankle  is  very  promi- 


NOTES  AND  ILLUSTRATIONS.  51 

nent,  and  is  placed  lower  than  usual.  A  hollow  exists  below  the 
outer  ankle,  of  a  greater  or  less  extent,  according  to  the  degree  of 
the  deformity.  The  dorstim,  or  back  of  the  foot,  is  not  sufficiently 
arched  ;  the  foot  is  broader  in  the  neighbourhood  of  the  ankle  than 
near  to  the  toes.  The  inner  side  of  the  foot,  which  in  a  well- 
formed  person  is  concave,  is  flat  and  sometimes  convex.  When  a 
flat  foot  is  placed  on  the  ground,  the  sole  projects  so  much  on  the 
inside  that  the  finger  cannot  be  introduced  below  it.  A  person  with 
flat  feet  usually  walks  with  his  knees  bent,  and  assumes  an  attitude 
like  a  man  when  he  pushes  forward  a  wheelbarrow.  He  rests  upon 
the  inner  side  of  the  sole,  and  the  usual  degree  of  motion  of  the 
ankle  joint  is  impeded. 

Flatness  of  the  soles  of  the  feet  is  almost  never  seen  among  the 
higher  ranks  of  society,  and  very  rarely  among  females.  Children 
under  ten  years  of  age  are  seldom  affected  with  this  deformity. 
It  is  therefore  possible  that  the  disposition  to  flatness  of  the  soles 
of  the  feet  may  exist  in  childhood,  although  the  full  developement 
of  the  deformity  does  not  take  place  until  the  body  is  nearly  fully 
grown. 

The  remote  cause  of  flatness  of  the  soles  of  the  feet  is  not  satis- 
factorily known.  Individuals  who  have  this  deformity  in  one  foot 
only,  usually  attribute  it  to  an  injury,  as  a  sprain,  <fcc. ;  and  when 
both  feet  are  affected,  they  commonly  aver  that  they  have  had  flat 
feet  from  childhood.  Whatever  notion  we  may  entertain  of  the 
origin  of  the  deformity,  it  has  no  other  foundation  but  conjecture 
or  analogy.  There  is  no  reason  for  supposing  that  the  bones,  or 
even  the  ligaments,  are  diseased  in  flat  feet.  In  all  probability  the 
deformity  consists  in  a  sinking  of  the  arch  of  the  os  calcis.  and  a 
corresponding  displacement  of  the  astragalus,  whereby  the  inner 
surfaces  of  these  bones  become  the  inferior,  and  the  exterior  sur- 
face the  superior.  When  a  foot  is  remarkably  flat,  it  is  not  unlikely 
that  there  is  a  subluxation  of  the  anterior  articular  surface  of  the 
head  of  the  astragalus  from  the  posterior  articular  surface  of  the  os 
naviculare,  and  an  elongation  of  some  of  the  ligaments  which  con- 
nect the  bones.  These  circumstances  would  give  rise  to  the  ap- 
pearances by  whicU  the  deformity  is  distinguished,  viz.:  the  altered 
position  of  the  tibia  and  fibula,  the  flattening  of  the  back  of  the 
foot,  the  convexity  of  the  inner  margin  of  the  foot,  the  treading 
on  the  inner  border  of  the  sole,  the  peculiar  gait,  which  depends 
on  an  unnatural  degree  of  motion  between  the  astragalus  and  the 
os  naviculare,  the  difficulty  of  moving  the  foot  in  consequence  of  a 
stretching  of  the  ligaments. 

May  not  the  deformity  be  owing  to  a  displacement  01  flattening 
of  the  internal  tubercle  of  the  tuberosity  of  the  calcaneum?  Va- 
rious causes  may  contribute  to  this  effect,  namely,  a  tardy  ossifica- 
tion of  the  bones  of  the  tarsus;  infirm  health,  or  a  feeble  consti- 
tution, scrofulous  habit,  &c.,  and  the  constantly  increasing  weight 
of  the  body.  Flatness  of  the  soles  of  the  feet  is  particularly  ob- 
servable among  the  labouring  classes  of  a  community,  which,  per- 


52  MARSHALL  ON  THE  ENLISTING  OF  SOLDIERS. 

haps,  may,  in  part,  be  occasioned  by  a  practice  which  especially 
prevails  among  the  poor,  namely,  that  of  placing  children  very 
early  upon  their  feet.  Scrofula  seems  to  contribute  to  flat  feet,  and 
perhaps  in  a  great  degree  on  account  of  the  weight  of  the  swelled 
bellies  of  children,  a  very  frequent  symptom  in  this  disease.  Fe- 
males may  be  less  liable  to  the  deformity,  because  boys  are  earlier 
employed  in  laborious  occupations  than  girls. 

By  a  very  moderate  degree  of  attention,  a  flat  foot  may  be  easily 
distinguished  from  a  broad  foot.  In  the  broad  foot,  the  bones  of  the 
leg  are  well  placed  upon  the  foot;  the  usual  hollow  exists  under 
the  inner  portion  of  the  sole;  the  back  of  the  foot  is  arched,  the 
foot  is  not  disproportionately  broad  at  the  tarsus;  the  expansion 
of  the  foot  commences  with  the  bones  of  the  metatarsus,  and  it  is 
broadest  near  to  the  toes.  Broad  feet  are  usually  more  fleshy  than 
flat  feet. 

The  function  of  walking  is  in  no  degree  impeded  by  this  slight 
deviation  from  the  regular  form  of  a  foot,  which  consists  simply  in 
an  extension  of  the  lateral  ligaments  of  the  heads  of  the  metatarsal 
bones,  occasioned,  in  all  probability,  by  much  use  of  the  feet.  It 
will  therefore  appear  that  men  with  broad  feet,  in  consequence  of 
being  much  inured  to  walking,  are  particularly  well  adapted  for 
active  military  duty,  more  especially  in  the  infantry;  while  men 
with  flat  feet  are  totally  unfit  for  the  army.  When  the  deformity 
is  considerable,  a  man  is  incapable  of  marching  easily,  for  the  feet 
swell,  and  the  soles  get  chafed.  A  flat-footed  man  wears  his  shoes 
on  the  inside,  so  that  the  shoe  of  a  person  who  is  thus  deformed 
may  be  readily  discriminated. 

The  remote  and  proximate  causes  of  this  deformity  are  still  but 
very  imperfectly  known,  ni:d  it  is  therefore  much  to  be  wished  that 
army  medical  officers  would  avail  themselves  of  every  opportunity 
which  offers  to  investigate  the  subject.  To  do  this  effectually, 
deformed  feet  should  not  only  be  carefully  inspected,  but  the  parts 
of  the  foot  ought,  to  be  examined  after  death.  By  this  means  we 
may  be  able  to  attain  greater  certainty  in  regard  to  the  cause  of 
the  deformity,  and  perhaps  to  discover  a  rational  plan  of  treatment. 

Berlin,  July  31,  1818. 

NOTE  VI.     Page  43. 

On  the  examination  and  rejection  of  recruits. 

I  have  stated  in  the  text,  page  34,  that  the  order  which  rendered 
medical  officers  approving  of  recruits  who  were  subsequently  re- 
jected on  final  examination,  liable  to  defray  the  expenses  incurred 
on  their  account,  was  rescinded  by  the  secretary  at  war  in  March, 
1822.  But  although  the  order  issued  by  the  secretary  at  war  was 
then  cancelled,  it  will  appear  by  the  following  circular  letter  from 
the  adjutant-general,  that  medical  officers  continue  to  be  liable  to 
heavy  penalties  from  the  comtnander-in-chief  for  alleged  profes- 
sional delinquencies  regarding  the  approval  of  recruits. 


NOTES  AND  ILLUSTRATIONS.  53 

Recruiting  Department. 

(CIRCULAR.) 

Horse  Guards,  14th  August,  1824. 

Sir, — It  appearing  by  reports  which  have  been  made  to* the 
commander-in-chief,  that  of  the  recruits  which  are  raised,  more 
especially  for  foreign  service,  the  majority  are  of  an  ineligible  de- 
scription, notwithstanding  the  minute  and  positive  instructions  which 
have  from  time  to  time  been  issued  for  the  guidance  of  those  who 
are  charged  with  the  recruiting  inspections,  the  commander-in-chief 
is  at  length  obliged  to  declare  that  his  royal  highness  will  consider 
it  to  be  his  duty  to  recommend  the  immediate  removal  of  the  staft 
of  any  district,  which,  after  the  present  warning,  shall  be  reported 
to  have  produced  objectionable  recruits,  as  well  as  to  fix  on  the 
culpable  officer  in  every  practicable  case,  the  expense  attending  the 
enlistment  of  a  subsequently  rejected  recruit.  His  royal  highness 
finds  that,  however  the  instructions  as  to  stature  may  be  kept  sight 
of  by  the  inspectorial  authorities,  those  relating  to  the  general 
appearance  of  the  recruit  are  overlooked.  His  royal  highness, 
therefore,  applies  this  caution  more  particularly  to  points  connected 
with  the  constitutional  appearance,  mould  of  chest,  size  of  bone,  and 
likelihood  of  growth  of  the  recruit.  I  have,  &c. 

(Signed)        H.  TORRENS,  A.  G. 

The  inspecting  field-officer, 
District. 

In  practice  the  circumstances 'or  causes  on  account  of  which 
recruits  are  rejected,  may  be  arranged  under  three  classes: 

1st.  Diseases  or  deformities  which  a  medical  officer,  from  his 
professional  knowledge  and  acquaintance  with  the  duties  of  sol- 
diers, concludes  are  infirmities  which  disqualify  men  for  service  in 
the  army. 

2d.  Slight  blemishes  which  do  not  disqualify  a  man  for  the 
army,  Tnit  which  an  unwilling  soldier  may  exaggerate,  and  allege 
that  he  is  thereby  rendered  unfit  for  military  duty.  An  old  fracture 
may  be  considered  a  type  oQhis  class  of  blemishes. 

'3d.  Unimportant  deviations  from  symmetry,  or  slight  variations 
from  the  usual  form  or  condition  of  the  body,  technical  or  nominal 
blemishes  which  do  not  incapacitate  a  man  for  the  army,  or  in  the 
smallest  degree  impair  a  man's  efficiency.  Recruits  are  commonly 
ignorant  of  the  existence  of  this  class  of  causes  of  rejection.  A 
lateral  deviation  of  the  spine,  broad  feet,  loss  of  a  few  teeth,  may 
be  given  as  types  of  this  class.  District  staff-surgeons  reject 
recruits  who  come  under  the  first  two  classes,  from  a  conviction 
that  they  render  a  man  unfit  or  ineligible  for  the  army;  but  those 
under  the  third  head  are  frequently  rejected  from  fear  of  responsi- 
bility— a  dread  of  an  epistolary  correspondence  if  objected  to  by 


54  MARSHALL  ON  THE  ENLISTING  OF  SOLDIERS. 

regimental   medical  officers,  and  an  ultimate  loss  of  professional 
character. 

The  following  returns  of  recruits  examined  at  the  Centre 
recruiting  district  (Dublin)  during  the  years  1825-28,  comprehend- 
ing part  of  the  period  I  was  attached  to  the  staff  of  the  Dublin 
district,  will  show  the  causes  of  the  rejection  of  recruits,  and  the 
relative  frequency  of  each  disability. 

Return  of  recruits  inspected  at  the  recruiting  depot,  Dublin,  (Cen- 
tre recruiting  district)  from  25th  December,  1824,  till  24th 
December,  1825. 

Approved,  4839 

Rejected,  •       1390 

Total  inspected,      -  6229 

Causes  of  Rejection. 

Ophthalmia  tarsi,                                  -            -            -            -  3 

Pulmonic  diseases,             -                          -  2 

Epilepsy,                                   -             -             -             -             -  3 

Weakness  of  intellect,                     ...  7 

Unsound  health,                       .....  158 

Traces  of  scrofula,                                                     -  ,68 

Syphilis  primitiva,      -                          -                                        -  26 

consecutiva,  3 

Gonorrhoen,    -                         .....  3 

Chronic  affections  of  the  skin,       -  5 

Tinea  capitis,  or  traces  of  this  affection,           -                          -  15 

Muscular  tenuity,  30 

Nebulous  obscurity  of  the  cornea,                                                -  3 

specks  on  the  cornea,  30 

Cataract,  -  -  -  7 
Closed  pupil,  -  -  7 
Amaurosis,  -  2 
Strabismus,  -a  2 
Puriform  discharge  from  the  ears,  -  -  10 
Deafness,  -  ...  3 
Loss  of  teeth,  diseased  gums,  &c.  *  -  22 
Enlarged  tonsils,  -  I 
Narrow  chest,  .'  _.  -  10 
Depressed  sternum,  14 
Deformed  spine,  55 
Defective  condition  of  the  superior  extremities  from  malforma- 
tion, contractions,  mutilations,  ganglions,  &c.  90 
Deformed  pelvis,  -  -  7 
(  both  sides,  1 
Hernia,  inguinal  <  right  side,  14 
(leftside,  17 
• ventral,  -  -  -  -  -  -  44 


NOTES  AND  ILLUSTRATIONS.  55 

Hernia,  umbilical,              -            -           ,-'/.  6 

Laxity  or  enlargement  of  both  rings,                                           -  19 

of  the  right,  6 

—  of  the  left,                                                -  56 

Varicose  condition  of  the  veins  of  the  left  spermatic  cord,  46 

Right  spermatic  process  unusually  large,                                   -  3 

Left  testicle  strangulated  in  the  ring,  1 

Hydrocele,      -                                                    ...  8 

An  unusually  large  state  of  both  testicles,  3 

of  the  right,                           -  3 

of  the  left,  10 

Defective  condition  of  the  inferior  extremities  from  malforma- 
tions, nodes,  exostosis,  mutilations,  misplaced  toes,  gan- 
glions, &c.,                                                                        -  155 
Varicose  veins  of  both  legs,  35 

of  the  left  leg,                                                     -  71 

—  of  the  right  leg,     -  64 

Ulcers,  cicatrices  of  ulcers,  wounds,  &c.       -                      •>  ,-.  138 

Old  fractures,      -  18 

Tumours,      -  7 

Flatness  of  the  soles  of  the  feel,    -  34 

Traces  of  corporal  punishment,                                                 -  36 
Men  who  have  been  in  the  army,  but  who  refused  to  show  their 

discharge,  3 


Town  recruits, 
Country  recruits, 


Total, 

-. 

:  •-,,.      1390 

Abstract. 

Inspected.     Approved. 
3315          2226 

Rejected. 
1089 

Per  cent,  rejected. 
32.8 

2914          2613 

301 

10.3 

Total,  6229          4839          1390  22.3 

(Signed)         H.  MARSHALL, 

Slaff-Surgeon. 

According  to  the  above  abstract,  it  appears  that  32.8  per  cent,  of 
the  town  recruits,  or  first  inspections,  were  rejected,  and  10.3  per 
cent,  of  the  country  recruits,  or  second  inspections. 

Of  the  2914  country  recruits  who  had  been  examined  and  ap- 
proved in  the  country  before  they  arrived  at  the  depot,  585  were 
deemed  ineligible  for  the  service,  of  which  number  20  were  found 
unfit  and  discharged  by  the  inspecting  field-officer,  284  were  found 
fit  and  281  unfit  by  medical  boards,  the  total  finally  unfit  being 
301,  or  10.3  per  cent. 

Return  of  recruits  inspected  at  the  recruiting  depot,  Dublin,  from 
25th  December  1825,  till  the  24th  December  1826. 


56  MARSHALL  ON  THE  ENLISTING  OF  SOLDIERS. 

Approved  3.243 

Rejected  775 

Total  inspected  —4018 

Causes  of  Rejection. 

Unsound  health, 

Weak  intellect. 

Traces  of  scrofula, 

Muscular  tenuity, 

Chronic  cuticular  affections, 

Traces  of  tinea  capitis, 

Ophthalmia  tarsi, 

Obscurity  of  the  cornea, 

Specks  on  the  cornea, 

Closed  pupil, 

Amaurosis, 

Cataract, 

Puriform  discharge  from  the  ears, 

Deafness,       -  2 

Loss  of  teeth, 

Impediment  of  speech, 

Enlarged  tonsils, 

Narrow  chest,  sternum  in  some  cases  protruded, 

Contraction  of  the  chest,  2 

Defective  condition  of  the  superior  extremities,  on  account  of  old 

fractures,  contractions,  mutilations,  extenuation,  &c. 
Projecting  scapulae, 
Deformed  spine, 
Deformed  pelvis, 
Hernia,  inguinal,  both  sides, 

right  side, 

left 

ventral,    - 

umbilical, 

Laxity  of  both  rings, 

right  ring, 

left  ring, 

Spermatic  cord,  right  side  thickened, 

Varicose  veins,  left  spermatic  cord,  18 

Rigfht  testicle  strangulated  in  the  ring, 
Both  testicles  unusually  large, 
Right  testicle  unusually  large, 
Left  testicle  unusually  large, 
Hydrocele,  both  testicles, 
-  right  testicle, 

left      ditto, 

Gonorrhoea, 

Syphilis  primitiva,     -  -      17 


NOTES  AND  ILLUSTRATIONS.  57 

Syphilis  consecutiva,       -  2 
Defective  condition  of  the  inferior  extremities  on  account  of  old 
fractures,  malformation,  extenuation,  nodes,  misplaced  toes, 

supernumerary  toes,  contractions,  ganglions,  &c.  86 

Varicose  veins,  both  legs,      -  >•       13 

of  the  right  leg,    -  47 

of  the  left,      -  -       36 

Ulcers,  wounds,  and  old  cicatrices,  66 

Traces  of  issues,  chiefly  on  the  back  of  the  neck,  -                    16 

Traces  of  fracture  of  one  or  both  of  the  clavicles  -                    17 

Flatness  of  the  soles  of  the  feet     -  16 

Traces  of  corporal  punishment  on  the  back  -       37 

-  on  the  breech       -  2 

An  old  soldier  failed  to  show  his  discharge  1 

Total  775 
Abstract. 

Inspected.    Approved.     Rejected.     Per  cent.  Rejected. 

Town  Recruits       2347           1675           672  28.6 

Country  Recruits    1671           1568            102  6.1 


Total  4018          3243  775  19.2 

(Signed)  H.  MARSHALL, 

Staff-Surgeon. 

Return  of  Recruits  inspected  at  the  Recruiting  Depot,  Dublin,  from 
the  25th  of  December  1826,  till  the  24th  of  December  1827. 
Approved,  2006 

Rejected,  582 

Total  inspected,  2588 

Causes  of  Rejection. 

Unsound  health                                                                     ,v,-.  48 

Discharged  from  the  service  on  account  of  visceral  disease  4 

Weak  intellect  5 

Traces  of  scrofula  28 

Muscular  tenuity       -                                                               •; ».  28 

Chronic  cutaneous  affections  10 

Traces  of  tinea  capitis  7 

Wen  on  the  head  1 

Ophthalmia  tarsi       -  7 

Obscurity  of  the  cornea  11 

Falling  down  of  the  eyelids  1 

Specks  on  the  cornea       -  26 

Fistula  lachrymalis  1 

Cataract                             -  12 

Strabismus  3 

Puriform  discharge  from  the  ears  2 

Deafness       .......  I 


58  MARSHALL  ON  THE  ENLISTING  OP  SOLDIERS. 

Loss  of  teeth  8 

Impediment  of  speech  2 
Transverse  cicatrix  on  the  front  of  the  neck,  supposed  to  be  the 

result  of  an  attempt  to  commit  suicide  2 
Excessively  large  tonsils  1 
Want  of  due  capacity  of  the  chest     -,  4 
Defective  condition  of  the  superior  extremities  on  account  of  old 
fractures,  contractions,  mutilations,  extenuation,  deformity,  gan- 
glions. &c.  &c.  49 
Fracture  of  one  or  both  of  the  clavicles 
Deformed  spine 

•     ,  ,             (  right  side  7 

Inguinal  hernia,  j  ^  gide                                    _  G 

Ventral  hernia 

Laxity  of  the  ring  )  both  sides  10 

of  the   external  >  right  side 

oblique  muscles,  3  left  side  5 

Varicose  veins  left  spermatic  cord      -  -       10 

Left  testicle  strangulated  in  the  ring  1 

Both  testicles  unusually  large  1 

Left  testicle  enlarged       -  3 

Gonorrhoea  1 

Hydrocele.  both  testicles  2 

right  4 

left      -  5 

Syphilis  prirnitiva     -  5 

consecutiva  3 

Defective  condition  of  the  inferior  extremities  from  old  fractures, 

malformation,  extenuation,  enlargement,  disproportioned  length, 

bunions,  ganglions,  &c.  -  65 
Varicose  veins  of  both  legs  7 
of  the  right  -  28 

of  the  left  39 

Ulcers,  wounds,  or  cicatrices  of  injuries  •                  48 

Traces  of  issues,  chiefly  on  the  back  of  the  neck  (.) 

Flatness  of  the  soles  of  the  feet  IG 

Traces  of  corporal  punishment  on  the  back  23 

Mark  of  the  letter  D  under  the  left  arm-pit    -  1 


Total,  582 

Abstract. 

Recruits.  Inspected.    Approved.     Rejected.     Per  cent.  Rejected. 

Town  Recruits       1778  1253  525  29.6 

Country  Recruits      810  753  57  7.09 


Total,  2588          2006  582  22.5 

(Signed,)  H.  MARSHALL, 

Stqff-SurgeoHi 


NOTES  AND  ILLUSTRATIONS.  59 

Return  of  Recruits  inspected  at  the  recruiting  depot,  Dublin,  from 
25th  December  1827,  to  24th  December  1828. 

Approved,  829 

Rejected  285 


Total  inspected,  1114 

Causes  of  Rejection. 

Unsound  health  -  25 
Weak  intellect  -  I 
Traces  of  scrofula  -  11 
Muscular  tenuity  38 
Chronic  cutaneous  affections  3 
Traces  of  tinea  capitis  -  2 
Baldness  .  -,,  1 
Obscurity  of  the  cornea  3 
Falling  down  of  one  of  the  eyelids  -  ..  1 
Specks  of  the  cornea  2 
Cataract  ] 
Amaurosis  1 
Loss  of  teeth  5 
Impediment  of  speech  -  2 
Loss  of  the  soft  palate  1 
Want  of  due  capacity  of  the  chest,  7 
Defective  condition  of  the  superior  extremities,  on  account  of  old 
fractures,  contractions,  mutilations,  extenuation,  deformity,  gan- 
glions, &c.  -  14 
Deformed  spine  10 
Hernia,  inguinal,  right  side  8 
left  side  -  1 

Laxity  of  the  ring  of  the  oblique  muscles,  \  ,  ^  }  ?}  es'                 _ 

Varicose  veins  left  spermatic  cord  6 

Right  testicle  strangulated  in  the  ring      -  2 

Left  testicle  enlarged  1 

Right     do.       do.  3 

Gonorrho3a  1 

Hydrocele  right  testicle  1 

—  left  do.       -  4 

Syphilis  primitiva  4 
Defective  condition  of  the  inferior  extremities  from  old  fractures. 

malformation,  extenuation,  enlargement,  bunions,  ganglions, 

&c. 

Varicose  veins,  both  legs  3 

—  right  leg  -       15 

-  left  leg  12 

Ulcers,  wounds,  or  old  cicatrices        -  -       19 

Traces  of  issues  chiefly  on  the  back  of  the  neck  5 


60 


MARSHALL  ON  THE  ENLISTING  OF  SOLDIERS. 


Flatness  of  the  soles  of  the  feet  -       21 

Traces  of  corporal  punishment  on  the  back  9 


Total,  285 

Abstract. 

Examined.     Approved.  Rejected.  Per  cent.  Rejected. 
Town  Recruits,        841            570            271  32.2 

Country  do.  273  259  14  5.1 

Total,  1114  829  285  25.5 

(Signed)  H.  MARSHALL, 

Staff-  Su  rgeon. 

Abstract  of  the  preceding  returns  for  four  years. 

Ratio  per 
Inspected.    Approved.     Rejected,      cent,  rejected 

Town  Recruits,          8281          5724         2557  31 

Country  Recruits,      5660         5193  475  8.7 


13,949       10,917         3032  21.8 

This  abstract  shows,  that,  for  a  period  of  four  years,  31  per  cent, 
of  the  town  recruits  (first  inspections,)  examined  at  the  Dublin 
depot,  were  found  unfit  for  the  army ;  and  8.7  per  cent,  of  the  coun- 
try recruits  (second  inspections),  the  mean  being  21.8.  But  it  is 
obvious  that  this  abstract  does  not  comprehend  the  men  rejected  at 
first  inspection  in  the  country. 


NOTES  AND  ILLUSTRATIONS. 


61 


NOTE  VII. 
Town  and  Country  Recruits. 

Table  showing  the  relative  proportion  of  Town  and  Country  Re- 
cruits rejected  at  the  head-quarters  of  the  Dublin,  Edinburgh, 
and  London  Districts,  during  the  following  periods : 


DDBLIN. 
Town  Recruits. 
No.  examined. 
Of  these  rejec. 
Cent,  ratio  rej. 
Country  Recr'ts. 
No.  examined. 
Of  these  rejec. 
Cent,  ratio  rej. 

EDINBURGH. 

Town  Recruits. 
No.  examined. 
Of  these  rejec. 
Cent,  ratio  rej. 
Country  Recr'ts. 
No.  examined. 
Of  these  rejec. 
Cent,  ratio  rej. 

LONDON. 
Town  Recruits. 
No.  examined. 
Of  these  rejec. 
Cent,  ratio  rej. 
Country  Recr'ls. 
No.  examined. 
Of  these  rejec. 
Cent,  ratio  rej. 

1826 

1827 

1828 

1829 

1830 

1831 

1832 

1833 

1834 

1835 

1836 
15m. 

1837 

2347 
672 
28.6 

1671 
103 
6.2 

1778 
52 
29.5 

810 
57 

7. 

841 
271 
32.2 

273 
14 
5.1 

731 
310 
42.4 

92 
9 
9.8 

648 
413 
63.7 

54 
7 
12.3 

721 
415 
57.3 

682 
88 
12.9 

572 
325 

56.8 

266 
63 
23.7 

695 
397 
59,1 

356 
97 
27.2 

494 
215 
43.5 

73 

8 
19.6 

1363 
463 
34. 

375 
79 
21.1 

413 
296 
71.7 

177 
41 
23.2 

373 
211 
56.5 

32 

2 
6.2 

1479 
614 
45.1 

219 
48 
21.9 

376 

208 
55.3 

193 
34 
17.6 

390 
189 
48.5 

107 
17 
15.9 

1764 
677 
38.4 

325 
70 
21.6 

691 
281 
40.7 

449 
48 
10.7 

442 
216 
48.9 

121 
18 
14.9 

2972 
1069 
36. 

691 
108 
15.6 

957 
445 
46.5 

571 
132 
23.1 

563 
265 
57.1 

51 
7 
13.7 

3086 
1305 
42.2 

789 
139 
17.6 

By  this  table  it  appears  that  the  range  of  the  rejections  of  town 
recruits  in  Dublin  extends  from  28.6  to  71.7,  being  a  difference  of 
43  per  cent. ;  and  of  the  country  recruits  from  5.1  to  27.2,  showing 
a  difference  of  22  per  cent. 


7— f 


5  mar 


MARSHALL  ON  THE  ENLISTING,  ETC.  OF  SOLDIERS. 


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NOTES  AND  ILLUSTRATIONS.  63 

From  this  statement,  it  appears  that  the  range  of  the  ratio  of  re- 
jections among1  the  different  depots  has  been  from  9.9  per  cent,  in 
Newry,  to  59.8  per  cent,  in  Dublin,  being  a  difference  of  about  50 
per  cent.;  and  at  the  same  depot,  from  19.2  per  cent,  in  Dublin  in 
1826,  to  59.8  in  1830,  showing  a  difference  of  about  41  per  cent. 
A  considerable  addition  may  be  made  to  the  ratio  of  rejections  in 
each  district,  for  the  purpose  of  comprehending  the  recruits  rejected 
•••  i  first  inspections  at  dependent  stations,  (country  recruits,)  conse- 
quently, it  will  appear  that,  in  a  number  of  districts,  from  40  to 
60  per  cent.,  or  I  out  of  2  of  the  recruits  for  the  army  are  rejected 
upon  medical  examination.  But  another  circumstance  requires  to 
be  mentioned,  namely,  that  when  a  high  ratio  of  recruits  is  rejected, 
recruiting  parties  become  very  fastidious  in  regard  to  the  men  they 
enlist,  lest  they  may  lose  by  the  transaction,  and  no  doubt  they  re- 
fuse to  enlist  persons  whom  they  fear  may  be  found  unfit  upon 
examination.  Recruiting  parties  are  excited  by  the  same  motive 
which  impels  persons  in  civil  life  to  active  exertions — a  little  money. 
The  object  of  recruiting  parties  is  to  enlist  men  who  will  be  ap- 
proved, by  which  means  they  obtain  their  remuneration.  On  an 
average,  a  recruiting  party  loses  from  about  2s.  6d.  to  3s.,  by  every 
recruit  who  is  found  unfit  for  the  service, — a  sum  which  is  fre- 
quently considered  (oo  heavy  a  stake  to  risk  upon  a  recruit. 

The  subdivisional  officers  employed  on  the  recruiting  service,  or 
the  Serjeants  of  parties,  approve  of  all  recruits  in  regard  to  their 
age,  height,  and  general  appearance,,  before  they  are  submitted  to  a 
medical  examination;  consequently,  it  may  be  supposed  that  the 
recruits  who  are  brought  forward  for  examination  in  the  different 
districts,  or  at  the  different  depots,  are  nearly  equal,  in  as  far  as 
efficiency  for  military  duty  is  concerned.  Upon  this  assumption  it 
will  therefore  appear,  that  the  difference  of  the  ratio  of  rejections 
in  different  stations,  or  in  different  years,  depends  on  the  judgment 
of  medical  officers,  and  the  opinions  they  entertain  respecting  the 
efficiency  or  the  inefficiency  of  recruits.  It  would  be  no  small 
benefit  to  the  recruiting  of  the  army  and  to  the  public,  if  the  views 
of  medical  officers  were  somewhat  more  uniform  on  this  subject 
than  they  appear  to  be.  Widely  discordant  conclusions  in  regard 
to  recruits  are  calculated  to  convey  an  opinion  that  the  examination 
they  undergo  is  not  regulated  by  fixed  principles,  but  that  the  deci- 
sion regarding  their  fitness  or  unfitness  is,  in  some  measure,  a  ques- 
tion of  fancy,  rather  than  the  result  of  a  knowledge  of  the  anatomy 
and  physiology  of  the  human  frame,  and  an  intimate  acquaintance 
with  the  duties,  disabilities,  and  diseases  of  soldiers. 


64  MARSHALL  ON  THE  ENLISTING,  ETC.  OF  SOLDIERS. 

PART  II. 

ON  THE  DISCHARGING  OF  DISABLED  SOLDIERS. 


GENERAL  ORDER. 

Horse  Guards,  1st  January,  1830. 

His  Majesty  having  been  pleased,  by  his  royal  warrant  bearing 
date  14th  November,  1829,  to  authorise  certain  alterations  in  the 
mode  of  discharging  soldiers,  the  general  commanding-in-chief 
deems  it  proper  to  issue  the  following  orders  to  the  army  in  conse- 
quence. 


1.  Non-commissioned  officers  or  private  soldiers  are  not  to  be 
discharged  without  the  authority  of  the  general  commanding-in- 
chief,  signified  through  the  adjutant-general. 

2.  Previously  to  any  soldier  being  proposed  for  discharge  on  ac- 
count ofunfitness  for  service,  the  commanding  officer  of  the  corps 
is  to  make  a  full  report  of  the  case  to  the  general  officer,  under 
whose  orders  he  is  stationed,  that  he  may  personally  inspect  the 
man,  assisted  by  the  superior  medical  officer  under  his  command ; 
and  if  his  opinion  coincide  with  that  of  the  commanding  officer  and 
the  regimental  surgeon,  he  is  to  certify  the  same  at  the  bottom  of  a 
return  prepared  according  to  the  annexed  form  (No.  1.)  which  re- 
turn is  then  to  be  transmitted  direct  to  the  adjutant  general  by  the 
commanding  officer,  for  the  purpose  of  being  laid  before  the  general 
commanding-in-chief,  whose  instructions  relative  to  the  disposal  of 
the  man  will  be  communicated  to  the  commanding  officer. 

3.  If  the  regiment  be  stationed  in  Ireland,  the  return  is  to  be  trans- 
mitted to  the  deputy  adjutant  general  in  Dublin,  for  the  purpose  of 
being  laid  before  the  general  officer  commanding  the  forces  in  that 
part  of  the  United  Kingdom. 

4.  Before  a  soldier  is  henceforward  permitted  to  leave  the  corps 
to  which  he  belongs,  preparatory  to  his  removal  from  the  service 
under  any  circumstances  whatever,  whether  of  unfitness  for  duty, 
or  at  his  own  request,  a  regimental  board  must  be  assembled,  to  in- 
vestigate, verify,  and  record,  the  following  particulars,  viz. — 

1st.  His  services : 

2d.   His  disability  : 

3d.   His  character : 

4th.  His  accounts  and  claims  : 


GENERAL  ORDER,  1830.  65 

according  to  the  mode  prescribed  in  the  regulations  annexed  to  his 
majesty's  warrant  before-mentioned.  The  board  is  to  be  composed 
of  three  officers,  viz.  the  major  of  the  regiment,  or  the  second  in 
command,  as  president,  and  two  captains  as  members. 

5.  From  the  proceedings  of  this  board  the  discharge  of  the  soldier, 
according  to  the  annexed  form  (No.  2.)  is  to  be  filled  up,  and  when 
signed  by  the  president,  and  countersigned  by  the  commanding 
officer,  is  in  every  case  to  be  transmitted,  together  with  a  duplicate 
of  the  proceedings  of  the  board,  to  the  adjutant  general. 

6.  Every  soldier,  on  being  finally  discharged,  is  to  be  furnished 
with  a  parchment  certificate,  according  to  the  annexed  form  (No.  3.) 
which  must  be  confirmed  in  the  adjutant  general's  department,  be- 
fore it  is  delivered  to  the  man. 

7.  When  soldiers  are  sent  home  from  foreign  stations  for  the  pur- 
pose of  being  discharged,  the  general  or  other  officer  commanding 
will  take  care  that  the  medical  staff  officers  have  had  full  opportu- 
nity of  investigating  the  cases,  before  the  men  are  permitted  to  em- 
bark.    He  will  also  take  care  that  the  same  course  with  regard  to 
the  previous  assembling  of  a  regimental  board,  and  the  preparation 
of  the  prescribed  documents,  be  pursued,  and  that  the  several  dis- 
charges, parchment  certificates,  and  duplicates  of  the  proceedings  of 
the  board,  be  forwarded,  carefully  sealed  up,  to  the  commandant  of 
the  invalid  depot  at  Chatham,  which  place  is  the  destination  of  all 
invalids  returning  from  foreign  stations. 

8.  The  serious  evils  which  have  resulted  to  the  public,  as  well  as 
to  individuals,  from  the  very  careless  and  incorrect  manner  in  which 
the  regimental  records  have  been  kept,  and  discharges  filled  up, 
having  been  fully  ascertained  and  placed  beyond  question,  by  the 
investigations  recently  instituted,  and  now  in  course  of  progress, 
throughout   the   whole   army,  the    general    cotnmanding-in-chief 
feels  it  incumbent  upon  him  to  require  officers  in  command,  and  all 
others  concerned,  to  give  the  strictest  attention  to  the  preparation 
of  the  documents  now  required,  for  the  accuracy  of  which  in  every 
respect  they  will  be  held  personally  responsible ;  and  Lord  Hill 
trusts  that  there  will  be  no  occasion  or  opportunity,  in  future,  for 
recurrence  to  measures  which  are  painful  to  his  feelings,  in  propor- 
tion as  they  expose  the  misconduct  of  individuals,  and  reflect  dis- 
credit upon  the  army  at  large. 

9.  In  cases  where  soldiers  serving  on  foreign  stations  may  be 
desirous  of  being  discharged  on  the  spot,  the  general  or  other  officer 
commanding,  shall,  if  he  see  fit,  forward  their  applications  to  the 
adjutant  general,  together  with  all  the  prescribed  documents,  in  the 
same  manner  as  if  the  men  were  on  their  way  home,  on  the  receipt 
of  which  documents  the  pleasure  of  the  general  commanding-in- 
chief  will  be  signified. 

10.  With  regard  to  soldiers  who  may  be  allowed,  under  certain 
conditions  and  limitations,  to  obtain  their  discharges  at  their  own 
request,  according  to  tho  scale  laid  down  in  Article  46  of  the  Pen- 
sioning Regulations,  1829,  the  general  command  ing-in-chief  desires 


66  MARSHALL  ON  THE  ENLISTING,  ETC.  OF  SOLDIERS. 

that  commanding  officers  in  recommending  individuals  for  this 
indulgence,  will  be  careful  always  to  give  the  preference  to  men 
according  to  the  goodness  of  their  character;  a  course  which,  if 
steadily  pursued,  cannot  fail  to  operate  as  a  strong  inducement  to 
good  conduct. 

11.  In  the  cases  of  soldiers  who  are  prepared  to  pay  the  regulated 
compensation  for  their  discharge,  the  mode  of  application  now  in 
use  may  be  continued ;  but  in  the  cases  of  men  with  length  of  ser- 
vice giving  them  a  claim  to  pension  on  that  account,  who  may  be 
desirous  of  obtaining  free  discharges,  with  or  without  gratuity,  com- 
manding officers  will  allow  a  period  of  thirty  days  to  intervene 
between  the  receipt  of  the  soldier's  application  and  its  transmission 
to  the  adjutant  general,  in  order  to  afford  the  man  sufficient  time  to 
reconsider  the  step  he  is  about  to  take,  and  to  withdraw  his  request, 
if  on  mature  deliberation  it  shall  appear  to  him  imprudent  or  unad- 
visable.     It  will  also  be  the  duty  of  the  commanding  officer  to  assist 
the  man  with  the  best  information  and  advice  in  his  power  on  so 
important  a  point;  and  it  is  presumed  that  every  commanding  offi- 
cer will  discharge  this  duty  with  the  utmost  alacrity,  and  in  the 
rr.ost  conscientious  manner. 

12.  His  majesty  having  been  graciously  pleased  to  authorise  the 
general  commanding-in-chief  to  exercise  his  discretion  as  to  the 
extent  of  this  indulgence  which  is  to  be  granted,  Lord  Hill  will  be 
inclined  to  give  it  the  utmost  limits  which  may  appear  to  him  con- 
sistent with  a  due  regard  to  the  welfare  of  the  service  at  large,  and 
the  particular  circumstances  and  situation  of  the  corps,  from  which 
the  applications  are  made:  and  commanding  officers  are  to  keep  a 
record,  according  to  the  order  of  date,  of  all  applications  which  may 
be  made  to  them  for  discharges,  stating  distinctly  and  fully  in  each  the 
character  and  claims  of  the  individual;  a  copy  of  which  record  shall 
be  transmitted  to  the  adjutant  general  at  the  termination  of  each 
half  year,  for  the  information  and  guidance  of  the  general  com- 
manding-in-chief, with  reference  to  any  applications  which  may 
be  addressed  direct  to  head-quarters. 


The  general  commanding-in-chief  thinks  it  unnecessary  further 
to  enlarge  the  present  orders,  especially  as  the  instructions  issued 
from  the  war-office  touching  the  financial  bearings  of  the  measure 
in  question  are  so  detailed;  and  his  lordship  requires  a  diligent 
perusal  of  these  instructions,  and  a  strict  observance  of  them,  from 
officers  in  command,  and  from  all  others  in  any  way  connected  with 
the  interior  economy  and  discipline  of  regiments. 

By  command  of  the  Right  Honourable 
The  General  Commanding-in  Chief, 

HERBERT  TAYLOR, 

Adjutant  General. 


GENERAL  ORDER,  1830. 


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70  MARSHALL  ON  THE  ENLISTING,  ETC.  OF  SOLDIERS. 


Form,  No.  2,  continued. 

SERVED.  Two  years  in  the  East  Indies,  two  years  in  the 

West  Indies,  six  at  Gibraltar,  two  in  the  Peninsula, 
the  remainder  at  home.  Wounded  in  the  leg  at 
Waterloo;  present  at  the  siege  of  Bhurtpore ;  dis- 
tinguished himself  at  the  storming  of  the  place. 

2d.  According  to  the  surgeon's  report  annexed,  it 

DISABILITY,  appears  that  this  is  a  case  of  disease  or  disability, 

or  cause  of     contracted  on  duty  ;  without  being  attributable  to 

Discharge.      neglect,  design,  vice,  or  intemperance ;   and  the 

regimental  board  approves  of  the  opinion  of  the 

surgeon  ;  as  it  is  shown  by  the  proceedings  of  the 

board  hereto  annexed. 

Or,  is  a  case  of  disease  originating  in  constitu- 
tional infirmity,  or  in  misconduct,  and  not  con- 
tracled  by  the  exigencies  of  the  service. 

Or,  by  purchasing  his  discharge  for  £ 

Or  by  receiving  a  gratuity  of  £  and 

a  free  discharge. 

3d.  The  regimental  board  is  of  opinion,  that  his 

CHARACTER,  general  conduct  has  been  that  of  a  good  and  effi- 
cient soldier,  seldom  in  the  hospital,  trustworthy 
and  sober. 

Or  think  his  character  and  conduct  have  been 
bad,  for  the  reasons  set  forth  in  the  proceedings  of 
the  board. 

4lh.  He  has    received  all  just  demands  from  his 

PAY  and      entry  into  the  service,  up  to  the  30th  September, 
CLOTHING.   1829. 

I  THOMAS  ATKINS,  <fcc. 
Certified  Captain. 

I  certify  that  the  foregoing  statements  are  correct 
extracts  from  the  regimental  records,  and  the  pro- 
ceedings of  the  regimental  board. 

Major,  and  President. 
Confirmed  by  me, 

Lieutenant- Colonel  Commanding. 


GENERAL  ORDER.   1830. 


Form.  No.  2,  continued. 

OPINION.      Of  the  principal  medical  officer,  at 

December  4th,  1829. 

After  a  treatment  of  one  month  in  the  general 
hospital,  1  arn  of  opinion  that  Thomas  Alkins  is 
unfit  for  service,  and  likely  to  be  permanently 
disqualified  for  military  duty,  and  1  approve  of 
the  opinion  of  the  surgeon. 

Or,  I  am  of  opinion  that  the  soldier  is  capable 
of  further  service,  <fcc.  &c. 


Horse  Guards, 

Order  Serjeant  Thomas  Atkins  to  appear  per- 
sonally before  the  commissioners  of  Chelsea  hos- 
pital, or 

By  order  of  the  general 

commanding-in-chief,  the  discharge  of  Thomas 
Atkins  is  confirmed. 

DECISION.         The  commissioners  award  Thomas  Atkins  to 
receive   a   pension   of  a   day  com- 

mencing 

Secretary,  or  Chief  Clerk. 

DESCRIPTION  of  Thomas  Atkins,  at  the  time  of  his  discharge. 
He  is  40  years  of  age,  5  feet  10  inches  in  height, 
Cbald  ) 

<    or     S  hair,  grey  eyes,  sallow  complexion. 
(  light  } 
By  trade  a  labourer. 

He  has  a  scar  or  mark  on  his  left  hand. 

When  he  left  the  regiment,  Thomas  William- 
son was  the  pay-serjeant  of  his  company. 


MARCHING 
ALLOWANCE. 


Thomas    Atkins    received    from    pay-master 
at   Chatham,  on   the    14th  December, 
1829,  ten   days'  marching   allowance,   to  carry 
him  to  Coventry,  the  place  of  his  enlist- 

ment, or  to 

the  port  at  which  he  is  to  embark  on  the  way  to 
the  place  of  his  enlistment. 

THOMAS  ATKINS. 


72  MARSHALL  ON  THE  ENLISTING,  ETC.  OF  SOLDIERS. 

Form,  No.  3, 
PARCHMENT  CERTIFICATE. 

5th  Regiment  of  Foot. 

These  are  to  certify  that  Thomas  Atkins,  serjeant,  born  in  the 
parish  of  St.  Mary,  in  or  near  the  town  of  Portsmouth,  in  the  coun- 
ty of  Hants,  was  enlisted  at  Coventry,  for  the  aforesaid  corps,  on  the 
6th  May,  1806,  at  the  age  of  17  years.  That  he  has  served  in  the 
army  for  twenty-six  years,  and  five  months.  Was  a  corporal  six 
years,  a  serjeant  ten  years;  was  in  the  West  Indies  four  years,  and 
in  the  East  Indies  five  years.  That  he  is  discharged  in  conse- 
quence of  being  unfit  for  further  service,  and  has  been  granted  a 
pension. 

Signed Commanding  Officer. 

Dated  at  Manchester,  30th  September,  1829. 

Horse  Guards. 
Discharge  of  Serjeant  Thomas  Atkins  confirmed. 

CHARACTER. 

Thomas  Atkins  has  been  a  well-conducted  soldier ;  was  wounded 
at  ,  and  has  distinguished  himself  by  several  acts 

of  bravery ;  and,  in  consequence  of  his  long  and  meritorious  ser- 
vice, he  has  received  a  special  gratuity  of  £  ,  in  addition  to 
the  pension  to  which  he  is  entitled. 

Signed Commanding-  Officer. 

The  soldier's  character  is  to  be  inserted  only  when  recommenda- 
tory; if  the  general  conduct  of  a  soldier,  whilst  in  the  service,  has 
been  such  as  to  give  him  no  claim  to  have  any  thing  said  in  his 
favour,  the  space  for  character  in  the  above  certificate  is  to  be  cut 
off  close  under  the  black  line  following  the  confirmation  of  the  dis- 
charge, thereby  leaving  no  opportunity  for  any  addition  to  be  made 
after  the  certificate  is  given  to  the  man. 

When  a  soldier  is  discharged  on  account  of  disgraceful  conduct, 
that  will  appear  in  the  body  of  the  certificate. 

ON  THE   DUTY  OF  DISCHARGING  DISABLED  SOLDIERS. 

The  preceding  general  order  was  issued  from  the  Horse  Guards, 
for  the  purpose  of  carrying  into  operation  the  <{  regulations  for  pen- 
sioning soldiers,"  promulgated  in  a  warrant,  bearing  date  14th 
November,  1829.  The  same  order  is  also  calculated  to  carry  into 
effect  the  provisions  of  the  warrant  of  1833  and  subsequent  war- 


DISCHARGING  OP  SOLDIERS.  73 

rants.  The  duty  of  medical  officers,  in  the  discharging  of  soldiers, 
is  more  especially  comprehended  in  the  second  and  seventh  arti- 
cles of  the  order,  as  they  have  a  principal  reference  to  the  dis- 
charging of  men  for  disability,  or,  as  it  is  expressed  in  the  order, 
"  unfitness  for  service."  As  soldiers  engaged  to  serve  "  until  they 
shall  be  legally  discharged,"  they  have  no  claim  as  a  matter  of  right 
to  be  relieved  from  their  engagement,  after  any  period  of  service, 
and  indeed,  comparatively,  lew  men  are  discharged,  except  "on 
account  of  incapacity  for  further  service."  "  A  soldier  is  not  to  be 
discharged  on  account  of  disability,  unless  the  existence  thereof  is 
satisfactorily  ascertained,  and  the  infirmity  is  calculated  to  render 
the  man  permanently  unfit  for  military  service"  (War-Office 
Memorandum,  30th  July,  1830.)  Soldiers  should  not  be  brought 
forward  for  discharge  on  account  of  doubtful,  trivial,  or  temporary 
disabilities ;  for  although  men  of  this  class  may  not  be  finally 
recommended  to  be  discharged  by  a  medical  staff-officer,  they  are 
apt  to  presume  on  the  sanction  of  a  regimental  medical  officer,  and 
to  make  more  of  a  slight  infirmity  than  it  really  deserves.  "  The 
commanding  officer  and  regimental  medical  officer  having  deter- 
mined that  a  case  is  proper  to  be  brought  forward  for  discharge,  the 
latter  will  draw  up  an  abstract  of  the  history  of  the  disease  in  clear 
terms,  so  as  to  enable  the  military  authorities  to  understand  the 
nature  and  the  degree  of  the  disability."  (  War-Office  Memoran- 
dum.) This  abstract  is  to  be  delivered  to  the  general  officer  of  the 
district,  who  will  in  all  practicable  cases  inspect  the  man,  assisted 
by  the  principal  medical  staff-officer  under  his  command;  and 
should  he  deem  the  case  to  be  a  proper  one  for  discharge,  a  report 
is  to  be  prepared  as  prescribed  by  the  general  order  of  the  1st  Janu- 
ary, 1830,  and  forwarded  to  the  adjutant-general  or  the  lieutenant- 
general  commanding  in  Ireland,  as  the  case  may  be.  If  the  case 
appear  to  the  commander-in  chief,  according  to  the  report  made,  to 
be  one  for  discharge  and  pension,  the  soldier  will  be  ordered  to  the 
invalid  depot  at  Chatham,  or  to  the  general  hospital  in  Dublin. 
( War-Office  Memorandum.)  Whenever  a  soldier  is  ordered  to 
the  invalid  depot,  Chatham,  or  to  the  general  hospital,  Dublin,  the 
medical  officer  who  had  him  in  charge  is  to  transmit  to  the  prin- 
cipal medical  officer  of  the  respective  establishments,  a  particular 
account  of  the  man's  case,  for  the  purpose  of  eventually  enabling 
the  commissioners  of  Chelsea  hospital  to  decide  upon  his  claim  for 
pension.  In  drawing  up  an  account  of  the  disabilities  of  men  sent 
to  Chatham  or  Dublin,  reference  should  be  had  to  the  circular  let- 
ters from  the  army  medical  department,  bearing  date  22d  January, 
and  30th  July,  1830,  and  the  14th  September,  1837,  in  which  the 
director-general  has  requested  the  following  points  to  be  more  espe- 
cially noticed,  viz.  the  name,  age,  length  of  service  of  each  man, 
the  origin,  nature,  and  history  of  his  disability,  together  with  an 
account  of  the  time  he  has  been  in  hospital,  and  how  far  the  alleged 
in6rmity  disqualifies  him  for  service  in  the  army. 

An  abstract  of  the  information  contained  in  the  report  of  each 
case  is  to  be  inserted  in  the  man's  discharge  by  the  military  and 


74  MARSHALL  ON  THE   ENLISTING,  ETC.  OF  SOLDIERS. 

medical  authorities  in  Chatham  or  Dublin.  On  the  day  appointed 
for  the  commissioners  to  hold  a  board  at  Chelsea  or  Kilrnainham, 
the  principal  medical  officer,  or  the  staff-surgeon,  who  has  had  the 
soldier  in  question  under  his  care  at  the  general  hospital,  will  at- 
tend with  an  abstract  of  his  professional  observations  on  each  man's 
case,  when  the  board  will  decide  upon  his  claim  to  pension  (vide 
Pensioning  Regulations,  1829,  No.  52.)  It  does  not  appear,  by 
the  official  documents  which  have  been  issued  on  the  subject  of 
discharging  disabled  soldiers,  that  either  regimental  or  staff  medical 
officers  are  directed  to  classify  the  disabilities  which  confer  a  claim 
for  pension ;  that  important  duty  seems  to  be  executed  by  the  com- 
missioners of  Chelsea  hospital.  In  France  a  different  plan  is  fol- 
lowed, for,  by  an  ordonnance  of  1831,  the  medical  officers  employed 
on  the  duty  of  inspecting  disabled  soldiers  are  instructed  to  classify 
the  disabilities  which  arise  from  wounds  and  other  infirmities  occa- 
sioned by  military  service,  and  which  confer  a  claim  for  a  pension, 
under  six  heads  or  degrees,  and  according  to  this  classification  the 
amount  of  pension  is  awarded. 

ON  THE  EXAMINATION  OF  ALLEGED  INEFFICIENT  SOLDIERS. 

The  duty  of  proposing  and  recommending  soldiers  to  be  dis- 
charged on  account  of  disabilities  belongs  primarily  to  regimental 
medical  officers,  (Circular  from  the  medicul  department,  30//i  July, 
1830,)  who  are  instructed  to  furnish  the  medical  staff  officer  who 
may  be  appointed  to  examine  them,  with  an  account  of  the  cause 
and  degree  of  each  man's  disability.  Soldiers  proposed  for  dis- 
charge in  Scotland  are  examined  at  the  head-quarters  of  the  respec- 
tive regiments  and  reserve  companies  by  a  surgeon  to  the  forces; 
but  in  England,  they  are  usually  transferred  to  the  invalid  depot, 
Chatham;  and. in  Ireland,  to  the  general  hospital,  Dublin,  without 
such  previous  examination. — Pensioning  Regulations,  1829,  arti- 
cle, No.  52.) 

A  regimental  medical  officer  should  exercise  great  caution  in 
proposing  soldiers  for  discharge  on  account,  of  unfitness  for  the 
service,  especially  in  regard  to  doubtful,  trivial,  or  temporary  dis- 
abilities. By  close  attention,  he  may,  in  general,  be  able  to  gain  a 
tolerably  correct  opinion  of  a  man's  case,  from  his  knowledge  of 
the  previous  character,  habits,  constitution,  manner,  and  former 
complaints  ;  and  whether  the  alleged  disability  be,  in  a  greater 
or  less  degree,  feigned,  as  well  as  whether  the  disease  may  be  con- 
sidered incurable.  Before  a  medical  officer  proposes  a  man  to  be 
discharged,  he  should  be  able  to  reply  affirmatively  to  the  following 
questions : — 

1.  Does  the  alleged  disability  exist? 

2.  Does  it  disqualify  the  man  in  question  for  military  duty  ? 

3.  Is  it  incurable, — or  will  it,  in  all  probability,  render  the  man 
permanently  unfit  for  the  service? 

By  the  warrant  of  1806,  every  soldier  had  a  legal  right  to  a  pen- 
sion for  life,  who  was  discharged  in  consequence  of  being  disabled 


DISCHARGING  OF  SOLDIERS*  75 

and  unfit  for  military  duty  ;  and  as  long  as  the  pensioning  of  dis- 
abled soldiers  was  regulated  by  that  warrant,  and  with  little  refer- 
ence to  length  of  service,  the  simulation  of  disabilities  was  much 
practised  in  the  army,  A  soldier  had  then  two  prizes  in  view  if 
discharged  in  consequence  of  unfitness  for  the  service,  viz.  his 
discharge,  and  an  annuity  for  life;  but  by  the  warrant  of  1829, 
although  he  may  obtain  a  discharge  by  successfully  feigning  a  dis- 
abling infirmity,  he  has  no  chance  of  being  pensioned  for  life 
without  long1  service.  There  is  no  better  means  of  preventing 
fraud  than  to  take  away  every  encouragement  to  commit  it,  and. 
as  fur  as  possible,  to  diminish  the  hope  of  practising  it  successfully. 
But  so  long  as  soldiers  presume  that  they  can  impose  upon 
officers,  military  and  medical,  and. that  the  result  will  be  for  their 
advantage,  so  long  will  examples  of  imposition  occasionally  occur 
in  the  army. 

Every  medical  officer  who  may  have  to  propose  or  to  recommend 
soldiers  to  be  discharged  on  account  of  inefficiency,  must  be  in  a 
great  measure  guided  by  his  own  professional  skill,  discretion,  and 
practical  acquaintance  with  the  duties  of  soldiers.  He  should  inva- 
riably pay  due  regard  to  the  claims  of  soldiers,  while  he  devotes  the 
requisite  attention  to  the  public  interest.  I  most  cordially  agree 
with  Dr.  Cheynein  the  following  passage  of  his  letter  to  Dr.  Renny, 
( On  the  Feigned  Diseases  of  Soldiers.) — "  The  wiles  of  soldiers  in 
hospital  will  be  with  more  certainty  discovered  by  those  who  have 
an  accurate  knowledge  of  disease,  obtained  by  clinical  observation 
and  pathological  writings  of  authority,  than  by  those  possessing 
natural  sagacity  in  the  highest  degree,  if  unassisted  by  a  habit  of 
carefully  contemplating  and  studying  disease." 

Some  diseases  or  disabilities,  such  as  deafness  or  stammering,  are 
much  more  easily  feigned  than  others,  and,  consequently,  the  im- 
posture is  more  difficult  to  detect.  In  all  diseases,  of  which  the 
symptoms  are  obscure,  periodic,  or  intermitting,  and  uncertain, 
much  care  should  be  taken  not  to  come  to  a  wrong  conclusion. 
"  Melancholy  instances  have  come  to  my  knowledge  where  men 
have  died  in  making  exertion  above  their  strength,  after  having 
been  looked  on  and  treated  as  malingerers,  and  others,  where  slow 
decay  and  uncontrollable  disease  have  carried  them  off."  (On  some 
forms  of  Rheumatism  prevailing  in  India,  by  Mr.  Malcolmson, 
Madras,  1835.)  There  are  some  real  and  not  unimportant  dis- 
eases, which  are  not  indicated  by  a  change  of  the  pulse,  or  by  any 
remarkable  alteration  of  the  colour  or  temperature  of  the  body,  or 
by  any  evident  derangement  of  its  functions.  There  are  also  other 
diseases  which  are  capable  of  being  simulated  by  the  use  of  certain 
drugs,  or  by  external  applications.  An  intimate  knowledge  of  the 
anatomy,  physiology,  and  pathology  of  the  human  body,  and  of  the 
effects  of  the  articles  of  the  materia  medica,  is  therefore  essentially 
requisite  to  prevent  a  medical  officer  from  occasionally  arriving  at 
false  conclusions  in  obscure  cases. 

It  is  difficult  for  the  simulator  of  a  disease  to  give  a  consistent 


76  MARSHALL  ON  THE  ENLISTING,  ETC.  OF  SOLDIERS. 

account  of  the  origin  and  progress  of  his  alleged  infirmity.  By  a 
little  management  on  the  part  of  a  medical  officer,  an  impostor  will 
commonly  be  led  to  enumerate  incompatible  symptoms,  or  greatly 
to  exaggerate  unimportant  lesions  ;  but  it  ought  to  be  recollected, 
that  patients  suffering  under  real  disease  are  apt  sometimes  to  fall 
into  a  similar  error.  He  is  constantly  prone  to  overact  his  part; 
and,  if  carefully  watched,  it  will  frequently  appear  that  he  is  invent- 
ing symptoms,  which  is  a  much  more  difficult  operation  than 
simply  and  frankly  to  state  his  feelings.  Two  soldiers  were  trans- 
ferred from  a  regiment  in  Ireland  to  the  general  hospital,  Dublin, 
for  the  purpose  of  being  discharged,  in  consequence  of  alleged 
incurable  disabilities.  The  designation  of  a  disease  was,  as  is  usual 
in  like  circumstances,  affixed  to  each  name;  but  the  countenance 
and  general  appearance  of  the  men  indicated  little,  if  any,  derange- 
ment of  the  healthy  functions  of  the  body.  The  medical  officer  at 
the  general  hospital  made  them  stand  up  together,  and  requested 
one  of  them  to  give  an  account  of  his  complaint,  which  he  did 
very  fully,  being  occasionally  encouraged  to  enter  minutely  into 
a  detail  of  symptoms  and  feelings.  By  his  account,  it  appeared 
that  he  suffered  more  or  less  under  disease  from  the  crown  of  the 
head  to  the  sole  of  the  foot.  Not  a  word  of  observation  indicative 
of  the  incredulity  of  the  medical  officer  was  uttered  in  regard  to 
the  man's  statement.  The  other  man  was  then  asked,  "  What  is 
the  matter  with  you  ?" — "  The  same  as  this  man"  was  his  reply. 
The  inference  is  obvious:  he  was  evidently  not  prepared  with  a  set 
of  symptoms,  and,  without  perceiving  the  trap  laid  for  him,  he 
instinctively  availed  himself  of  the  ingenuity  and  talent  of  his  fel- 
low-impostor. They  were  sent  back  to  the  corps  to  which  they 
belonged ;  but  I  have  no  doubt  that  each  of  them  succeeded  in 
eventually  "  working-  out"  a  discharge. 

Harsh  or  arbitrary  measures  of  any  kind  should  never  be  adopted 
by  a  medical  officer  in  doubtful  cases  of  alleged  disease;  neither 
should  he  be  stigmatised  in  severe  terms  with  the  character  of 
being  a  malingerer ;  for,  as  Dr.  Cheyne  observes,  such  a  method, 
"although  it  may  sometimes  intimidate  a  raw  soldier,  will  only 
afford  a  stronger  motive  to  the  hardened  knave  for  perseverance ; 
and  if  the  opinion  thus  rashly  pronounced  should  prove  erroneous, 
the  consequences  may  be  very  unhappy. — the  confidence  of  the 
soldier  in  his  surgeon  will  be  destroyed,  and  the  latter  will  be  sub- 
jected to  the  just  displeasure  of  his  military  superior."  Mild,  firm, 
and  in  other  respects  judicious  treatment,  deprive  a  man  of  hope, 
which  is  perhaps  the  most  effectual  means  of  inducing  a  malingerer 
to  return  to  his  duty.  Medical  evidence  in  regard  to  the  existence 
and  disabling  consequences  of  disease  is,  in  many  cases,  merely  pre- 
sumptive ;  and  very  rarely,  indeed,  does  it  amount  to  absolute 
certainty.  Mistakes  have  happened — diseases,  which  were  at  first 
supposed  to  be  feigned,  have  eventually  proved  genuine — and,  con- 
sequently, however  much  appearances  may  be  against  an  indi- 
vidual, it  is  prudent,  and  highly  expedient,  to  proceed  regularly, 


DISCHARGING  OF  SOLDIERS.  77 

deliberately,  and  patiently,  in  every  case.  Medical  officers  are  not 
warranted  in  employing  any  means  which  would  be  inapplicable  to 
a  genuine  case  of  disease.  This  observation  applies  not  only  to 
coercive  or  penal  measures,  but  even  to  irritating  applications, 
nauseating  medicinesf  and  spare  diet.  Whenever  there  is  any 
doubt,  in  regard  to  the  existence  or  permanently  disabling  degree 
of  an  infirmity,  the  safe  plan  is  to  keep  the  man  in  hospital,  for  the 
purpose  of  prolonged  professional  treatment,  and  longer  if  not  more 
careful  investigation.  It  may  also  be  observed,  that  a  man  who  has 
been  in  hospital  for  an  alleged  disability  of  a  doubtful  character, 
should  invariably  be  afforded  an  opportunity  of  giving  in  (in  other 
words,  of  apparently  recovering)  without  taking  him  much  to  task 
for  his  conduct;  or,  in  the  language  of  the  hospital,  he  should  be 
let  down  softly.  Unless  when  absolutely  necessary,  no  suspected 
case  should  be  transferred  from  a  regimental  hospital  (where  the 
man  is  known)  to  a  general  hospital.  The  reasons  are  so  obvious 
as  not  to  require  a  detailed  illustration.  Malingerers  are  more  fre- 
quently instructed  in  the  art  of  imposture  in  general  hospitals,  than 
detected  and  rendered  useful  soldiers;  for  there  every  new  comer, 
if  his  natural  disposition  harmonises  with  that  kind  of  instruction, 
is  corrupted  by  the  information  he  receives  in  regard  to  the  various 
modes  of  imposition. 

A  disposition  to  malinger  and  to  feign  disease  is  one  of  the  most 
disqualifying  disabilities  with  which  a  soldier  can  be  afflicted. 
An  old  soldier  who  attempts  to  simulate  a  defect,  and  persists  in  his 
plan  of  imposition  for  a  little  time,  is  frequently  lost  to  the  service, 
notwithstanding  the  adoption  of  every  means  to  bring  him  to  a  pro- 
per sense  of  duty.  Recruitsand  young  soldiers  are  more  frequently 
reclairnable.  Old  soldiers,  who  prosecute  their  schemes  with  art — 
who  possess  great  fortitude,  and  an  inflexible  resolution — will,  I 
believe,  commonly  succeed  in  obtaining  their  discharge,  either  by 
making  falsehood  appear  to  be  more  probable  than  truth,  or  perhaps 
more  frequently,  by  exhausting  the  patience  of  medical  and  com- 
manding officers.  It  is  only  after  some  experience  that  a  medical 
officer  is  aware  of  the  difficulties  he  has  to  encounter  in  his  endea- 
vours to  reform  persevering  malingerers.  Let  him  be  ever  ^o 
assiduous,  and  adopt  the  most  judicious  measures  for  the  recovery 
of  simulators,  who  suffer  under  some  real,  although  only  trifling: 
cause  of  inability,  he  will  frequently  find  his  measures  rendered 
nugatory  by  their  unwillingness  to  be  restored  to  the  ranks,  and  the 
pains  they  take  to  retard  convalescence.  He  will  also  find  himself 
much  perplexed  how  to  act,  for  the  purpose  of  rectifying  the  menial 
aberration,  or  moral  obliquity,  of  some  schemers,  whose  disabilities 
are  merely  pretended.  Impostors  often  display  a  spirit  of  invention, 
and  an  art  in  concealing  fraud,  which  could  not  have  been  antici- 
pated. The  mind,  by  becoming  concentrated  on  one  object,  appears 
to  acquire  new  powers;  so  that  persons  with  naturally  weak  intel- 
lects have  evinced  a  tact  and  dexterity  in  the  prosecution  of  a  design 
far  beyond  what  their  general  conduct  would  have  warranted  us  in 
7 — g  G  mar 


78  MARSHALL  ON  THE  ENLISTING,  ETC.  OF  SOLDIERS. 

assuming.  In  coming  to  a  conclusion  with  regard  to  the  measures 
which  should  be  adopted  with  a  malingerer,  commanding  officers 
have  frequently  only  the  choice  of  two  evils;  to  recommend  his 
discharge,  or  to  retain  him  in  the  service,  with  scarcely  any  pros- 
pect of  his  being  a  useful  soldier.  When  an  impostor  is  discharged, 
he  almost  invariably  throws  off  the  mask  abruptly,  and  boasts  of 
the  success  of  his  artifice,  thereby  giving  a  bad  example  to  his 
comrades,  and  one  which  may  be  influential  in  exciting  them  to 
imitation.  A  malingerer,  if  retained  in  the  service,  is  likewise 
iiable  to  injure  the  morals  and  discipline  of  a  corps.  Many  a  simu- 
lator will  hold  out  not  only  for  several  months,  but  for  a  number  of 
years,  probably  passing  his  time  chiefly  in  hospitals;  and  during 
all  this  period  the  contagion  of  bad  example  is  in  operation,  by 
which  influence  individuals,  who  would  have  continued  to  be  good 
soldiers,  have  been  seduced  from  the  strict  path  of  duty,  and  induced 
to  feign  disabilities,  and  to  persist  in  schemes  of  fraud,  with  the 
most  inflexible  endurance. 

When  a  malingerer  has,  by  mild  and  judicious  measures,  been 
induced  to  give  in,  I  consider  the  circumstance  of  some  importance 
to  the  service.  Owing  to  the  frequent  intercourse  which  exists 
among  soldiers,  the  event  becomes  often  extensively  known  ;  hence, 
a  useful  warning  is  afforded,  by  which  means  individuals,  who  may 
be  disposed  to  simulate  disabilities,  are  deterred  from  making  an 
attempt  to  do  so.  On  the  other  hand,  when  a  schemer  succeeds, 
hope  is  excited,  and  his  example  may  be  extensively  imitated.  In 
a  great  many  instances,  I  believe,  the  inmates  of  an  hospital  are 
aware  when  their  comrades  are  malingering,  although  they  very 
rarely,  indeed  almost  never,  give  the  medical  officer  a  hint  on  the 
subject.  An  informer,  when  discovered,  becomes  an  object  of 
universal  detestation ;  and  hence,  one  cause  of  the  difficulty  of 
accurately  ascertaining  the  various  methods  of  simulating  disease. 
In  all  cases  respecting  which  a  medical  officer  finds  some  difficulty 
in  making  up  his  mind,  patience  and  attention  are  strongly  indi- 
cated ;  and  when  a  soldier  is  presumed  to  be  a  persevering  malin- 
gerer, it  is,  in  general,  bad  policy  to  recommend  him  to  be 
discharged,  under  the  idea,  that,  as  he  is  not  likely  to  become  useful 
in  the  ranks,  the  service  would  be  benefited  by  getting  rid  of  him  ; 
or  to  promote  his  views,  by  assigning,  as  a  reason  for  discharging 
him,  some  possible  or  imaginary  physical  infirmity,  when  the 
real  cause  for  wishing  to  discharge  him  is  his  unwillingness  to  do 
his  duty.  Similar  reasons  may  be  urged  with  regard  to  the  pro- 
priety of  exercising  much  care,  not  to  send  a  malingerer  home  from 
a  foreign  station,  such  as  India,  on  account  of  infirm  health.  The 
mere  circumstance  of  a  man  having  been  so  transferred  at  the 
recommendation  of  medical  officers,  is  calculated  to  excite  a  pre- 
sumption that  he  had  suffered  under  some  serious  cause  of  disability, 
although  no  well-marked  trace  of  any  important  disease  may  be 
recognised  on  his  arrival  in  this  country;  and  persons  of  the  stamp 
alluded  to  never  fail  to  adduce  this  fact  in  their  favour  most  forcibly; 


DISCHARGING  OF  SOLDIERS.  V9 

indeed,  they  commonly  seem  to  consider  it  alone  as  an  incontestible 
proof  that  they  ought  to  be  discharged,  either  with  or  without  a 
pension.  This  kind  of  evidence  is  sometimes  difficult  to  set  aside, 
although  it  certainly  does  not  always  produce  conviction. 

Many  a  soldier  is  admitted  on  the  sick  list  on  account  of  some 
complaint  which  requires  medical  treatment,  who,  during  the  period 
of  convalescence,  becomes  in  love  with  the  ease  and  comfort  of  the 
hospital  establishment,  and  evinces  no  disposition  to  return  to  his 
duty.  His  first  intention  as  a  schemer  may  be  merely  to  evade 
duty;  but,  by  degrees,  his  views  extend  to  an  endeavour  to  get  his 
discharge,  and,  if  possible,  with  a  pension,  "on  account  of  disability 
contracted  in  the  service."  Whenever  a  convalescent  begins  to 
think  himself  somewhat  comfortable  in  hospital,  he  is  in  a  fair  way 
of  becoming  a  malingerer.  "  The  least  evil  that  can  happen  by 
soldiers  remaining  too  long  in  hospital,  is,  that  they  will  contract  a 
slothful,  lazy,  idle  habit,  and  turn,  according  to  the  military  phrase, 
malingerers,  that  is,  men  who  have  lost  all  spirit  to  the  service, 
and  feign  themselves  sick  when  there  is  a  prospect  of  action,  or  that 
they  are  to  undergo  any  great  hardship  or  fatigue,  in  order  to  be 
sent  to  the  hospital ;  which  life,  through  habit,  becomes  agreeable  to 
them." — (Eland's  Military  Discipline,  1727.) 

The  simulation  of  infirmities  for  the  purpose  of  being  discharged 
from  the  service,  is  not  confined  to  privates,  or  to  morally  vicious 
and  irregularly  conducted  soldiers.  Non-commissioned  officers,  and 
men  of  good  character,  occasionally  feign  disabilities,  as  well  as 
young  soldiers  and  alleged  incorrigible  offenders.  Many  well- 
conducted  Serjeants  are  extremely  anxious  to  be  discharged  when 
they  have  completed  twenty-one  years'  service,  more  especially 
when  they  have  some  prospect  of  a  suitable  employment  in  civil 
life.  Not  long  ago,  a  Serjeant  of  the  62d  regiment,  while  it  was 
quartered  in  Ireland,  purchased  a  pistol,  and  hired  a  man  to  shoot 
him  through  the  arm,  probably  hoping  by  this  means  to  make  it 
believed  that  he  had  been  fired  at  by  some  person  disaffected  to  the 
military,  and  that  he  would  not  only  obtain  his  discharge,  but  also 
a  large  pension.  That  well-conducted  soldiers,  whose  names  are 
not  to  be  found  in  the  defaulter's  book,  sometimes  adopt  improper 
means  of  obtaining  their  discharge,  need  not  surprise  us,  when  we 
consider  the  circumstances  which  usually  impel  young  lads  to 
enlist,  and  the  interminable  nature  of  their  engagement.  "A  sol- 
dier in  the  British  army  sees  men  in  other  situations,  not  always 
his  betters,  rising  to  wealth,  and  affluence,  and  distinction  around 
him  ;  he  feels  that  he  is  stationary  for  life,  that  his  prospects  cannot 
mend."  and  that  every  attendant  misery  of  poverty  awaits  him 
when  his  health  and  strength  are  exhausted.  Need  we  wonder, 
therefore,  that  men  so  situated  should  frequently  suffer  under  de- 
pression of  spirits,  and  consequently  of  impaired  health,  (home 
sickness,)  and  that  they  should  sometimes  adopt  improper  means  of 
obtaining  their  liberty?  Hope  is  as  essential  a  requisite  for  promo- 
ting good  conduct  as  it  is  for  attaining  happiness.  Tytler,  in  his 


80  MARSHALL  ON  THE  ENLISTING,  ETC.  OF  SOLDIERS. 

Essay  on  Military  Law,  says,  "If  a  soldier  complains  of  the  re- 
straints of  his  vocation,  he  throws  no  impeachment  on  his  profes- 
sion, but  arraigns  himself  of  folly,  who  did  not  perceive  that  these 
restraints  are  essential  to  its  condition."  This  opinion  is,  no  doubt, 
theoretically  true ;  but  the  thraldom  imposed  by  folly  is  not  less 
galling  than  the  bondage  occasioned  by  misery  or  congenital  ser- 
vitude. 

2dly.  Does  the  disability  in  question  render  a  man  unfit  for 
military  duty  ? — This  point  frequently  requires  much  consider- 
ation, and  every  case  will  demand  special  investigation.  The 
conclusion  in  regard  to  each  man  must  he  decided  by  professional 
knowledge,  and  practical  experience  of  the  duties  of  soldiers,  of 
their  habits,  their  hopes,  their  wishes,  and  modes  of  thinking. 
There  are  many  degrees  of  loss  of  vision,  varicose  veins,  hernia, 
rheumatic  pains,  lameness  from  old  fractures,  mutilations,  &c., 
which  do  not  disqualify  a  soldier  for  performing  his  duty,  and  which 
will  be  little  heard  of  by  a  medical  officer,  provided  a  soldier  wishes 
to  serve,  and  has  an  object  to  gain  by  doing  so.  But  if  an  old 
soldier,  who  suffers  under  any  disability,  although  in  no  very  great 
degree,  wishes  to  obtain  his  discharge,  he  has  only  to  complain,  and 
to  persevere  by  "lying  in"  (becoming  a  patient  in  hospital)  regu- 
larly a  few  weeks  before  the  periodical  inspections,  and  eventually 
he  will  attain  his  object.  The  constitution  of  an  infantry  soldier 
may  be  good,  and  his  health  tolerably  sound  ;  but  if  he  has  served 
21  or  22  years,  and  is  above  40  years  of  age,  his  strength  has,  in 
some  measure,  passed  away,  by  which  means  he  is  not  able  for  the 
active  duties  of  the  service.  There  are  no  invalid  or  garrison  bat- 
talions in  the  British  army,  to  which  partially  inefficient  men  might 
be  transferred  ;  and  consequently  it  will  be  necessary  to  discharge 
them,  as  being  more  or  less  unfit  for  military  duty. 

3dly.  Is  the  disease  or  disability  incurable,  and  will  it  perma- 
nently unfit  a  man  for  'military  duty  ? — This  is  a  question  which 
in  some  cases  requires  much  discretion  and  consideration.  Few 
diseases  can  be  called  absolutely  incurable.  Those  which  consist 
in  impaired  action  or  disordered  function  of  some  organ  of  the 
body,  are  considered  incurable,  when  the  morbid  process  is  unsus- 
ceptible of  being  modified  by  any  treatment  or  remedy;  when  hu- 
man interference  appears  to  be  unavailing:  and  when  remedies 
have  been  employed  and  persevered  in,  until,  in  all  probability, 
permanent  recovery,  so  as  to  render  a  man  fit  for  performing  the 
duty  of  a  soldier,  cannot  be  expected.  In  some  diseases,  more 
especially  in  such  anomalous  disabilities  as  wandering  pains,  a 
considerable  time  should  elapse  before  recovery  be  deemed  hopeless. 
A  great  majority  of  the  patients  received  int'~>  military  hospitals  are 
admitted  during  a  period  of  life  when  the  vital  actions  are  ener- 
getic, by  which  means  recoveries  are  rapid ;  and  medical  officers 
are  on  that  account  apt  to  think  that  a  patient  whose  disease  is 
unusually  protracted  suffers  under  an  incurable  malady.  They  have 
not  always  sufficient  confidence  in  the  curative  influence  of  a 


DISCHARGING  OF  SOLDIERS.  SL 

youthful  constitution  and  an  adequate  period  of  time.  Many  «\eu 
recover  rapidly  after  they  have  been  discharged, — much  more 
rapidly  than  was  anticipated  while  they  were  soldiers, 

I  shall  conclude  these  observations  by  warning  young  medical 
officers  against  employing  harsh  or  violent  language,  or  adopting 
unprofessional  or  coercive  measures  towards  soldiers.  Intemperate 
language  will  not  intimidate  a  veteran  malingerer,  or  induce  him 
to  return  to  his  duty;  and  coercive  treatment,  which  is  not  required 
by  the  nature  of  a  case,  is  decidedly  illegal.  In  1822,  a  staff-sur- 
geon was  arraigned  before  a  court-martial  for  using  opprobrious 
and  disgraceful  words  towards  soldiers  whom  he  suspected  of  being 
malingerers.  He  was  acquitted  of  all  the  charges,  five  in  number, 
but  not  without  much  trouble  and  anxiety.  I  allude  here  to  the 
circumstance,  as  it  may  prove  a  useful  warning  to  young  medical 
officers,  and  it  is  for  that  purpose  I  have  done  so.  (Vide Note,  No.  /.) 
We  learn,  from  Dr.  Cheyne,  that  the  strait-waistcoat,  the  log,  and 
the  solitary  cell,  have  often  been  used  by  medical  officers  of  cha- 
racter; but  he  adds,  that  those  who  thus  act  very  gratuitously 
expose  themselves  to  censure.  "There  used,"  says  he,  "to  be  the 
greatest  coarseness  and  severity  in  the  treatment  of  men  in  hospi- 
tal— nay,  military  as  well  as  medical  officers  frequently  treated 
common  soldiers  as  if  they  belonged  to  an  inferior  order  of  beings. 
I  have  heard  soldiers  called  the  greatest  villains  on  the  face  of  the 
earth,  only  to  be  kept  in  subjection  by  the  lash.  This  was  folly  in 
the  extreme,  and  happily  it  has  become  obsolete." 

Diseases  and  disabilities  which  disqualify  soldiers  for  service  in 

the  army. 

{Extrail  de  Finstruclion  sur  les  appels  en  France.} 

uTout  medecin,  chirurgien  on  autre  officier  de  sante  qui,  pour 
favoriser  quelqu'un,  certifiera  faussement  des  maladies  ou  infirmites 
propres  a  dispenser  du  service  public,  sera  puni  d'un  emprisonne- 
ment  de  deux  a  cinq  ans." — (Loi  sur  le  Recruitcment  du  21  Mars^ 

1822.) 

"Any  officer  who  shall,  by  any  false  statement,  certificate,  or 
document,  or  omission  of  the  true  statement,  attempt  to  obtain  for 
any  officer  or  soldier,  or  other  person  whatsoever,  any  pension,  re- 
tirement, half-pay,  gratuity,  sale  of  commission,  exchange,  transfer, 
or  discharge,  shall,  on  conviction  thereof  before  a  general  court- 
martial,  be  cashiered" — (Rules  and  Articles  1830,  Article  46.) 

These  two  extracts  from  official  documents  will  show  the  import- 
ance of  the  duty  of  examining  conscripts  in  the  French  army,  and 
soldiers  in  the  British,  and  the  care  which  should  be  taken  in  each 
case,  before  a  certificate  of  unfitness  be  granted.  The  disabilities 
which  may  unfit  soldiers  for  military  duty  cannot  be  accurately 
defined  or  specifically  enumerated  ;  for  there  is  hardly  any  infir- 
mity, however  trivial  in  its  general  character,  which  may  not  exist 


82  MARSHALL  ON  THE  EM.WTING,  ETC.  OF  SOLDIERS. 

in  so  severe  a  degree  as  to  impair  the  efficiency  of  a  soldier.  The 
aptitude  or  fitness  of  a  man  for  military  duty  is  the  point  which 
requires  to  he  investigated  in  the  case  of  a  recruit;  but,  with  regard 
to  a  soldier  proposed  to  be  discharged  in  consequence  of  disabili- 
ties, it  is  his  inaptitude  or  unfitness  for  duty  which  requires  to  be 
ascertained  and  appreciated.  When  any  doubt  is  entertained  re- 
specting the  fitness  of  a  recruit,  it  is  usual  for  a  medica}  officer  to 
reject  him;  and  unless  the  nnfitness  of  an  alleged  disabled  soldier 
be  satisfactorily  established,  a  medical  officer  is  directed  not  to 
recommend  him  to  be  discharged. 


DISQUALIFYING  DISABILITIES  OF  SOLDIERS. 

I  have,  in  the  following  arrangement,  classed  the  disabling  infir- 
mities of  soldiers  under  ten  heads.  Respecting  some  of  the  diseases 
on  the  list,  I  have  added  a  few  observations  on  their  nature  and 
degree,  for  it  is  of  much  importance  that  a  medical  officer  should 
duly  appreciate  the  value  or  degree  of  a  disability  before  he  recom- 
mends a  soldier  to  be  discharged.  A  few  remarks  in  regard  to  the 
phenomena  which  distinguish  real  from  feigned  infirmities  are 
commonly  given  under  each  head;  and  for  the  purpose  of  exhibit- 
ing the  difficulty  which  sometimes  occurs  in  detecting  simulators, 
as  well  as  the  labour  and  patience  necessary  to  be  exercised  to  in- 
duce a  soldier  who  feigns  a  disability  to  return  to  his  duty,  I  have 
given  a  brief  account  of  a  number  of  cases  where  imposture  was 
satisfactorily  discovered.  I  concur  with  what  Dr.  Cheyne  states, 
that  "probably  there  are  not  (now)  two  malingerers  for  ten  who 
were  found  in  the  military  hospitals  thirty  years  ago."  I  have  also 
detailed  a  few  cases  where  a  real  infirmity  was  supposed  to  be 
feigned.  For  obvious  reasons,  I  have  confined  the  examples  of 
feigned  disabilities  chiefly  to  cases  belonging  to  the  army. 

The  observations  in  regard  to  the  disabilities  are  necessarily  very 
brief,  for  it  did  not  come  within  my  plan  to  discuss  the  pathology 
of  disease?,  and,  except  in  a  very  superficial  manner,  I  have  no 
intention  to  enter  upon  the  extensive  and  important  subject  of  legal 
military  medicine. 

CLASS  I. — Diseases  of  the  Eyes — partial  or  total  lo$s  of  Vision. 

1.  Ophthalmia — Inflammation  of  the  eyes. — Ever  since  the 
year  1806,  when  Mr.  Windham's  act  passed,  whereby  a  soldier  had 
a  legal  right  to  a  pension  for  life  when  he  was  discharged  on  ac- 
count of  a  disability,  a  considerable  number  of  men  have  been  dis- 
charged in  consequence  of  impaired  vision  and  total  blindness. 
During  the  year  1818,  477  men  were  discharged  and  pensioned  on 
account  of  partial  or  total  loss  of  sight.  The  ratio  of  men  dis- 
charged, from  this  cause,  appears  to  have  become  eonsiderably 
lower;  for  during  a  period  of  five  years,  or  from  1823  to  1828 
inclusive,  the  nnrhbers  discharged  and  pensioned  were  867,  viz. 


DISQUALIFYING  DISABILITIES  OF  SOLDIERS. 

90  on  account  of  total  blindness,  300  in  consequence  of  the  loss  of 
one  eye  each,  and  477  from  impaired  vision  of  both  eyes.  For  a 
great  number  of  years,  partial  or  total  loss  of  sight  was,  in  an  espe- 
cial manner,  considered  to  confer  a  claim  to  a  large  pension  for  life. 
The  bounty  of  government  was  followed  by  a  great  increase  in  the 
number  of  men  disabled  by  impaired  vision;  and  factitious  inflam- 
mation of  the  eyes  was  carried  to  a  very  great  extent  in  the  British 
army,  as  is  well  known  to  both  military  and  medical  officers  of  long 
standing.  The  alleged  means  employed  in  factitious  ophthalmia 
are,  lime,  corrosive  sublimate,  tobacco,  ashes,  <fcc.  Urine  has  been 
employed  for  the  purpose  of  producing  inflammation,  but  I  presume 
without  effect  The  eye  will  endure,  with  comparative  impunity, 
the  application  of  very  stimulating  substances  in  a  fluid  state,  such 
as  spirits,  juice  of  lemons,  &c.  It  was  proved  before  a  committee 
of  the  house  of  commons,  that,  in  a  barrack  where  several  hun- 
dred cases  of  inflammation  of  the  eyes  occurred,  a  large  proportion 
of  them  had  been  produced  by  gonorrhceal  matter,  or  at  any  rate 
the  attempt  had  been  made  to  do  so.  On  such  a  subject  as  this,  we 
cannot  often  obtain  demonstrative  evidence;  we  can  only  in  gene- 
ral arrive  at  a  strong  presumption  that  disease  has  been  artificially 
excited.  As  soon  as  a  regiment  was  ordered  to  the  West  Indies, 
or  any  other  unpopular  station,  disease  of  the  eyes  became  common 
among  the  men,  arid  continued  so  till  the  corps  had  embarked. 
The  number  of  cases  then  decreased,  and  no  more  was  heard  of  it 
until  the  period  when  a  detachment  was  ordered  to  embark  for  the 
service  companies.  In  the  following  extract,  Dr.  Cheyne  gives  a 
frightful  picture  of  the  practice  of  exciting  inflammation  of  the 
eyes,  which  at  one  time  prevailed  in  the  British  army:  "I  may 
take  the  present  opportunity  of  observing,  that  I  never  saw  a  more 
humiliating  picture  of  depravity  or  perversion  of  reason — call  it 
what  we  may — than  I  have  witnessed  in  a  ward  filled  with  soldiers 
labouring  under  ophthalmia;  most  of  the  cases,  as  I  learned  from 
the  surgeon  in  attendance,  being  factitious.  Inflammation  artifi- 
cially excited  is  most  painful,  and  is  kept  up  under  every  privation 
which  can  make  life  miserable; — locked  up  in  a  dark  ward,  and 
permitted  to  have  intercourse  only  with  the  officers  of  the  hospital, 
nurses,  and  orderlies;  confined  to  diet  which,  from  the  absence  of 
every  stimulating  material,  is  most  disrelishing;  suffering  under 
painful  external  applications  and  nauseating  internal  medicines; 
phlebotomised  and  leeched  till  their  complexions  are  bloodless,  their 
pulse  hemorrhagic,  and  the  frightful  train  of  nervous  symptoms 
which  excessive  blood-letting  produces  is  established  in  the  system. 
All  these  evils,  in  many  cases,  have  no  effect,  but  to  confirm  the 
soldier  in  his  determination  to  destroy  one  or  both  of  his  eyes,  that 
he  may  be  dismissed  from  the  service  with  the  chance  of  a  small 
pension." — (Letter  to  Dr.  Renny  by  Dr.  Cheyne.} 

In  the  year  1809.,  three  hundred  of  the  men  of  two  regiments 
which  were  on  duty  at  Chelmsford  became  affected  with  ophthal- 
mia; the  healthy  men  of  both  corps  were  transferred  to  another 


84  MARSHALL  ON  THE  ENLISTING,  ETC.  OF  SOLDIERS. 

station,  while  the  sick  remained  in  the  hospital,  but  under  strict  mili- 
tary control.  Information  reached  the  commanding  officer  that 
one  of  the  nurses  was  in  the  practice  of  going  to  a  druggist's  shop 
for  the  purpose  of  purchasing  drugs,  by  which  means  his  suspicions 
were  excited;  and  in  conjunction  with  the  medical  officer,  a  suc- 
cessful attempt  was  made  to  discover  whether  the  men  had  any 
articles  in  their  possession  which  might  be  employed  to  excite  in- 
flammation of  the  eyes.  The  commanding  officer  entered  one  of 
the  wards  which  contained  24  men,  about  midnight,  and  ordered 
them  to  form  rank  entire  in  a  state  of  nudity,  and  they  were  in  that 
condition  marched  into  an  adjoining  empty  ward,  which  had  been 
prepared  for  their  reception.  The  old  ward  was  secured  for  the 
night,  and  next  day  the  beds  were  examined,  when  a  number  of 
parcels  of  corrosive  sublimate  were  found  concealed  under  the 
clothes.  Means  were  taken  to  prevent  a  fresh  supply  of  this  drug, 
and  in  a  very  short  time  250  of  the  men  had  recovered,  and  were 
transferred  to  their  respective  corps.  In  the  years  1804  and  1805, 
ophthalmia  became  excessively  prevalent  in  the  50th  regiment,  and 
after  a  very  careful  investigation  a  correspondence  was  detected 
between  the  men  under  treatment  and  their  parents  and  friends. 
The  ophthalmics  requested  that  corrosive  sublimate,  lime  and  blue- 
stone,  might  be  forwarded  to  them,  through  which  they  hoped  to  get 
their  eyes  in  such  a  state  as  would  enable  them  to  procure  their 
discharge  with  a  pension;  and  they  mentioned  the  names  of  men 
who  had  been  successful  by  similar  means.  Proofs  of  guilt  having 
been  established,  the  delinquents  were  tried  by  a  court-martial,  con- 
victed, and  punished.  Instances  have  occasionally  occurred  where 
the  evidence  that  a  soldier  intentionally  excited  disease  of  the  eyes, 
\vas  sufficiently  strong  to  warrant  a  court-martial  in  convicting  him. 

The  late  Mr.  C.,  surgeon  to regiment,  brought  two  men  before 

a  court-martial,  one  for  submitting  to  have  an  eye  destroyed,  and 
the  other,  for  actively  abetting  him,  in  fact,  for  performing  the  work 
of  destruction.  The  instrument  employed  was  a  common  table 
fork.  Mr.  C.  saw  the  operation  performed  through  the  key-hole  of 
the  ward  in  which  the  men  were  accommodated.  Conclusive  evi- 
dence being  produced,  the  men  were  convicted,  and  received  cor- 
poral punishment.  Other  convictions  for  a  similar  offence  have 
taken  place,  chiefly  for  introducing  irritating  substances  into  the 
eyes,  which,  by  long  continued  application,  occasion  chronic  oph- 
thalmia, nebulosity,  and  ultimately  blindness,  from  opacity  of  the 
cornea.  I  once  detected  a  man  who  had  a  small  fragment  of  cloth 
spread  over  an  eye  under  the  eyelids,  for  the  purpose  of  exciting 
inflammation.  Blindness  of  an  eye  has  been  successfully  simulated 
in  France  by  applying  a  pencil  of  the  nitrate  of  silver  to  the  cornea. 
The  15th  article  of  the  pensioning  regulations,  1829,  directs  that 
no  soldier  is  to  be  discharged  on  account  of  blindness  or  impaired 
vision,  provided  the  sense  of  sight  is  perfect  in  one  eye.  This  regu- 
lation will  have  an  excellent  effect  in  discouraging  the  practice  of 
mutilating  the  organs  of  vision,  for  many  a  man  might  destroy  one 


IMPAIRED  VISION.  85 

eye,  who  would  hesitate  to  render  himself  totally  blind.  Daring 
the  year  1828,  there  were  33  men  blind  of  one  eye  at  the  same  time 
in  the  invalid  depot,  Chatham ;  13  of  this  number  belonged  to  one 
regiment.  Previously  to  this  period  it  had  been  customary  to  dis- 
charge a  soldier  when  he  became  blind  of  one  eye,  and  to  award 
him  a  pension  of  ninepence  a  day  without  reference  to  length  of 
service.  The  19th  article  of  the  pensioning  regulations,  1829,  if  it 
be  strictly  and  judiciously  observed,  is  also  eminently  calculated  to 
prevent  the  practice  of  factitiously  exciting  inflammation  of  the 
eyes,  and  eventually  occasioning  blindness. 

When  impaired  vision  follows  inflammation  of  the  eyes,  it  is  in 
general  not  difficult  for  a  medical  staff-officer  to  decide  whether  a 
man  has  so  far  sustained  the  loss  of  sight  as  to  render  him  perma- 
nently unfit  for  military  duty  ;  but  whether  the  impaired  vision  is  a 
consequence  of  artificially  excited  inflammation  or  not,  is  a  question 
of  another  kind,  and  one  extremely  difficult  to  solve.  Both  regi- 
mental and  medical  staff-officers  would  require  to  take  the  utmost 
pains  to  satisfy  themselves  on  this  point,  before  recommending  a 
man  to  be  discharged.  The  sources  of  deception  are  often  manifold. 
I  have  more  than  once  found  some  difficulty  in  deciding  respecting 
men  proposed  for  discharge,  because,  as  was  presumed,  they  had 
immediately  before  examination  introduced  a  quantity  of  common 
salt,  or  some  similar  irritating  but  soluble  substance  in  their  eyes. 
Snuff  is  sometimes  employed,  but,  as  it  is  not  soluble,  detection 
frequently  follows.  To  prevent  being  duped  by  these  means,  it 
is  sometimes  expedient  to  examine  the  men  more  than  once,  and 
at  periods  when  they  have  not  hnd  time  to  prepare  themselves  for 
inspection. 

2.  Amaurosis. — This  disability  is  defined  to  be  a  total  or  partial 
loss  of  vision  from  a  paralytic  affection  of  the  organ  of  vision.  The 
loss  of  vision  may  be  confined  to  one  eye,  or  both  eyes  may  be  af- 
fected. In  amaurosis  the  pupil  is  commonly  dilated,  and  the  iris  is 
little  or  not  at  all  sensible  to  the  influence  of  light.  Where  one  eye 
is  completely  amaurotic  there  is  generally  a  want  of  consent  in  the 
expression  of  the  countenance,  and  frequently  the  centre  of  the  lucid 
cornea  projects  a  little.  Blindness  without  any  obvious  causs  is 
sometimes  pretended  by  soldiers,  and  there  is  much  reason  for  sup- 
posing that  some  of  them  are  acquainted  with  the  means  of  simu- 
lating the  symptoms  of  this  affection  by  the  agency  of  drugs.  The 
use  of  snuff  which  has  been  moistened  with  a  decoction  of  the 
atropa  belladonna,  has  the  effect  of  dilating  the  pupil  of  the  eye 
corresponding  with  the  nostril  into  which  the  snuff  was  introduced. 
Where  any  doubt  is  entertained  in  cases  of  this  alleged  disability, 
they  should  be  examined  repeatedly,  and  at  uncertain  periods.  It 
may  also  be  useful  to  propose  an  operation  on  the  eye.  Should  the 
sense  of  vision  not  be  lost,  the  sight  of  an  instrument  may  make  a 
man  wince  and  blink,  by  which  means  it  will  be  obvious  that  he  is 
not  blind.  Simulators  of  amaurosis  sometimes  discipline  themselves 
so  as  that  an  eye  may  not  appear,  by  shutting  the  eyelids,  to  be  sensi- 


86  MARSHALL  ON  THE  ENLISTING,  ETC.  OF  SOLDIERS. 

ble  to  light,  or  to  the  presence  of  a  sham  instrument.  Dr.  Fallot  met 
with  a  conscript  who  had  prepared  himself  in  this  way,  and  who, 
by  the  aid  of  belladonna,  had  completely  simulated  the  principal 
symptoms  of  amaurosis.  Having  suspicions  that  the  disability  was 
feigned,  he  placed  one  hand  over  the  region  of  the  heart,  and  with 
the  other  appeared  as  if  he  intended  to  pierce  the  eye  with  a  sharp 
instrument;  the  head  moved  not,  but  the  heart  palpitated,  which 
induced  Dr.  Fallot  to  give  a  decided  opinion  that  the  disability  was 
feigned,  and  under  the  influence  of  surprise  and  shame,  the  man 
avowed  that  his  conclusion  was  correct,  and  he  was  consequently 
found  fit  for  the  service. 

3.  Cataract. — This  disability  consists  in  an  opacity  of  the  lens. 
Cataract  in  both  eyes  is  a  decided  disqualification  for  the  army,  and 
consequently  soldiers  who  have  this  disability  are  commonly  dis- 
charged. It  may  be  of  importance  for  medical  officers  to  know  that 
cataract  has  been  factitiously  excited  for  the  purpose  of  obtaining  a 
discharge,  8  or  9  cases  having  occurred  a  few  years  ago  at  Fort  Pitt 
general  military  hospital.  A  considerable  period  elapsed  before  the 
means  which  had  been  adopted  to  produce  this  variety  of  blindness 
were  discovered  ;  but  eventually  it  was  found  that  a  needle,  or  some 
similar  instrument,  had  been  introduced  through  the  lucid  cornea,  by 
which  means  the  lens  was  rendered  opaque.  The  late  Mr.  Melin, 
surgeon  to  the  9th  or  Queen's  Royal  Lancers,  had  the  merit  of  dis- 
covering this  novel  mode  of  mutilation.  He  operated  successfully 
upon  all  the  8  or  9  men,  as  cases  of  cataract;  vision  was  restored, 
and  they  were  all  sent  to  join  their  respective  corps. 

CLASS  II. — Disease  of  the  Ears — Deafness. 

Deafness  may  exist  without  any  obvious  mark  or  trace  of  disease 
of  the  ears,  or  of  any  symptoms  to  distinguish  a  simulated  from  a 
real  defect  of  the  organ  of  hearing.  Suspicion  of  the  reality  of 
alleged  deafness  in  soldiers  is  therefore  commonly  excited  rather  by 
moral  than  physical  evidence.  Deafness  does  not  come  on  sud- 
denly, and  in  general  it  is  only  partial.  Isfordink  says  that  a  really 
deaf  man  has  a  singularly  rough  voice.  The  simulator  of  deafness 
is  apt  to  overact  his  part,  to  assert  that  he  was  suddenly  affected 
with  the  disability,  and  to  pretend  that  he  is  totally  deaf.  During 
the  year  1818  there  were  36  men  discharged  from  the  army,  and 
placed  on  the  pension  list  in  consequence  of  alleged  deafness,  and  I 
have  no  reason  to  believe  this  number  unusually  high.  The  per- 
severance with  which  deafness  has  been  feigned,  the  difficulty  which 
frequently  exists  in  ascertaining  whether  the  disability  is  real  or 
simulated,  and  the  means  most  likely  to  detect  imposture,  will 
perhaps  be  most  satisfactorily  shown  by  recording  two  cases  of  sim- 
ulated deafness,  where  the  deception  was  discovered. 

A  simulator  of  deafness  is  rarely  if  ever  discovered,  except  by 
finesse  or  accident,  such  as  addressing  him  by  name  while  he  is 


DEAFNESS. 


asleep.     In  the  following  two  cases,  finesse  was  very  successfully 
employed. 

A  recruit  from  Cork,  who  joined  the  depot  of  the  East  India  Com- 
pany at  Chatham,  alleged  that  he  had  almost  totally  lost  the  sense 
of  hearing,  and  the  tesiimony  of  his  comrades  from  Ireland  served 
to  support  his  statement.  Dr.  Davies,  surgeon  to  the  depot,  admitted 
him  into  hospital,  and  put  him  upon  spoou  diet.  For  nine  days 
Dr.  Davies  passed  his  bed  during  his  daily  visit  to  the  hospital, 
without  seeming  to  notice  him.  On  the  tenth  day  he  felt  his  pulse, 
and  made  signs  to  him  to  put  out  his  tongue  ;  he  then  asked  the 
hospital  serjeant  what  diet  he  gave  the  man.  Spoon  diet,  replied 
the  serjeant.  The  doctor  affected  to  be  displeased,  and  in  a  low 
voice  said,  Are  you  not  ashamed  of  yourself,  the  poor  fellow  is 
almost  starved  to  death.  Let  him  instantly  have  a  beef-steak  and  a 
pint  of  porter.  The  recruit  could  contain  himself  no  longer.  With 
a  countenance  expressive  of  gladness  arid  gratitude,  he  addressed 
Dr.  Davies  by  saying,  God  Almighty  bless  your  honour;  you  are  the 
best  gentlemen  I  have  seen  for  many  a  day. 

A  marine,  while  serving  on  board  a  ship  of  war,  complained  from 
time  to  time  to  the  surgeon,  that  he  was  gradually  losing  the  sense 
of  hearing,  and  at  the  end  of  several  months  he  asserted  that  he  was 
completely  deaf.  It  being,  however,  presumed  that  the  alleged  in- 
firmity was  feigned,  arid  as  he  could  not  be  made  to  perform  his 
duty,  he  was  brought  to  the  gangway  and  flogged  ;  but  previously 
to  his  being  paraded  for  punishment,  and  during  its  infliction,  he 
was  informed  that  he  should  be  pardoned  if  he  would  admit  the 
fraud,  and  return  to  his  duty.  Every  means  that  promised  to  be 
successful  in  surprising  him  into  showing  that  he  possessed  the 
sense  of  hearing  was  resorted  to,  but  without  success:  firing  a  pistol 
close  to  his  ear,  suddenly  rousing  him  during  sleep,  and  endeavour- 
ing to  alarm  him,  elicited  nothing  satisfactory.  The  officers  at 
Haslar  Hospital,  to  which  he  had  been  sent,  resolved  to  punish  him 
a  second  time.  Dr.  Lind,  who  was  then  physician  to  the  hospital, 
begged  that  punishment  might  be  deferred,  with  the  view  of  gaining 
time  to  try  another  experiment  whether  the  man  was  an  impostor 
or  not.  His  request  was  granted.  The  doctor  chose  a  favourable 
opportunity,  and  coming  un  perceived  behind  him  one  day,  he  put 
his  hand  on  the  man's  shoulder,  and  said,  in  an  ordinary  tone  of 
voice,  £:  I  am  happy  to  tell  you  that  you  are  invalided  at  last." 

"Am  I  by !"  replied  the  overjoyed  marine.     The  imposture 

being  thus  rendered  evident,  he  was  forthwith  punished,  and  sent 
on  board  ship. 

The  simulators  of  deafness  sometimes  pretend  that  they  are  una- 
ble to  speak,  thereby  endeavouring  to  show  that  they  suffer  under  a 
very  serious  disability, — deaf-dumbness.  The  deaf-dumb  impostor 
evades  answering  the  puzzling  questions  which  might  be  made  to 
him  were  he  to  admit  that  he  had  the  power  of  speech. 

A  trooper  named  M'Keon.  who  belonged  to  the  7th  Dragoon 
Guards,  then  quartered  at  Piershill  barracks,  appeared  one  morning 


89  MARSHALL  ON  THE  ENLISTING,  ETC.  OF  SOLDIERS. 

to  be  both  deaf  and  dumb ;  a  disability  which  did  not  exist  the 
previous  evening.  Many  means  were  adopted  to  ascertain  that  he 
possessed  the  sense  of  hearing-,  but  without  success.  Firing  a  pistol 
close  to  his  ear  produced  no  effect.  After  keeping  him  a  long  time 
in  the  regimental  hospital,  he  was  sent  to  the  Edinburgh  Infirmary, 
from  which  he  was  subsequently  discharged  as  incurable.  No  noise, 
however  sudden,  or  artfully  employed,  succeeded  in  lousing  his  at- 
tention. Eventually  it  was  believed  that  the  alleged  disability  was 
real,  and  his  situation  excited  the  pity  and  commiseration  of  the 
officers  of  the  corps.  At  the  end  of  about  a  year  he  was  recom- 
mended to  be  discharged,  and  left  Dundalk,  where  the  regiment  was 
at  that  time  quartered,  on  his  way  to  Dublin  to  pass  the  invaliding 
board.  During  the  first  day's  march  he  got  intoxicated,  and  at  the 
same  time  recovered  the  use  of  his  tongue  and  ears.  His  escort  brought 
him  back  to  the  regiment  next  day,  but  before  he  arrived  his  deaf- 
dumbness  had  returned.  He  was  tried  by  a  court-martial,  and  sen- 
tenced to  receive  800  lashes;  but  as  he  still  held  out,  it  was  deemed 
advisable  to  send  him  to  the  general  hospital  in  Dublin,  for  the  pur- 
pose of  being  examined  by  the  medical  officers  of  that  establishment, 
before  the  sentence  of  the  court  martial  should  be  carried  into  effect. 
Here  various  attempts  were  made  to  induce  him  to  give  in,  and 
among  other  means  used  for  that  purpose,  he  was  informed  that,  if 
he  returned  to  his  duty,  the  sentence  of  corporal  punishment  would 
be  remitted;  a  promise  which  produced  no  immediate  consequences. 
Upon  admission  into  hospital,  he  was  for  some  time  accommo- 
dated in  a  ward  in  company  with  several  other  patients,  but  he  was 
afterwards  confined  in  a  solitary  cell,  with  no  other  sustenance  but 
a  small  allowance  of  bread  and  water.  The  orderly  who  attended 
M'Keon  was  instructed  to  give  him  his  scanty  fare;  but  on  no  ac- 
count to  speak  to  him.  In  this  manner  things  went  on  for  nearly 
three  months,  when  one  morning  the  pretended  deaf-mute  accosted 
the  orderly  by  savin?,  "  Good  morning  to  you,  James."  James  was 
completely  astounded  for  some  time;  he  soon,  however,  so  far  re- 
gained his  self-possession  as  to  secure  the  door,  and  to  make  all 
haste  to  inform  the  steward  of  the  hospital  of  what  had  taken  place. 
When  M'Keon  was  interrogated  in  regard  to  the  recovery  of  the 
faculties  of  hearing  and  speaking,  he  stated  that  he  had  had  a  dream, 
and  that  when  he  awoke  he  found  that  the  long  lost  functions  had 
returned.  He  was  not  punished,  he  returned  to  his  duty,  and  con- 
ducted himself  with  great  correctness  for  a  considerable  time,  but 
eventually  he  deserted,  taking  with  him  his  arms,  accoutrements, 
&c.  M'Keon  must  have  been  desperately  disgusted  with  the  ser- 
vice, or  possessed  an  ardent  love  of  liberty  to  enable  him  to  endure 
the  restraint,  the  privations,  and  the  deferred  hope  to  which  he  was 
so  long  exposed. 

CLASS  III. — Diseases  of  the   organs  of  respiration  and  circu- 
lation. 

1.  Stammering. — As  an  impediment  of  speech  is  a  disability 


CONSUMPTION.  89 

which  prevents  a  recruit  from  being  approved  for  the  service,  and 
as  stammering  rarely  appears  after  adult,  age,  few  soldiers  are  dis- 
charged on  account  of  this  alleged  infirmity. 

During  the  winter  of  the  year  1826-1827,  a  sentry  while  on  duty 
at  a  post  in  the  garrison  of  Chatham,  alleged  that  he  had  become 
unable  to  speak  distinctly,  and  as  the  stammering  or  hesitation  of 
speech  was  considered  by  the  medical  officers  an  involuntary  dis- 
ability, he  was.  after  being  some  time  in  hospital,  discharged  from 
the  service.  Shortly  after,  another  sentry,  while  on  the  same  post 
as  the  former  had  been,  became  similarly  affected.  In  this  case,  tho 
impediment  of  speech  was  presumed  to  be  feigned.  The  man  de- 
serted from  the  hospital,  and,  after  a  few  months,  he  was  taken  and 
brought  back  to  Chatham.  His  utterance  was  still  indistinct. 
Electricity,  shower  baths,  and  various  other  remedial  means  were 
employed  in  vain.  Some  of  the  medical  officers  who  watched  this 
case  carefully,  were  of  opinion  that,  although  the  disability  might 
have  been  originally  simulated,  it  had  become  by  custom  habitual 
and  involuntary.  I  am  ignorant  of  the  result  of  this  man's  case, 
as  my  applications  for  information  in  regard  to  him  were  not  suc- 
cessful. 

2.  Consumption,  Asthma. —  Under  this  head  I  include  the  various 
affections  of  the  lungs  which  disqualify  soldiers  for  military  duty, 
and  on  account  of  which  a  great  number  are  annually  discharged. 
The  diagnosis  of  diseases  of  the  lungs  has  become  much  more  cer- 
tain since  percussion  arid  auscultation  have  been  adopted  by  the 
medical  profession.  When  the  external  and  functional  symp- 
toms of  disease,  together  with  the  stethoscope  indicate  a  material 
disorganisation  of  the  substance  of  the  lungs  of  a  soldier,  it  is  in 
general  deemed  expedient  to  recommend  him  to  be  discharged. 
The  stethoscope  in  the  hands  of  an  adept  is  highly  useful  in  detect- 
ing the  simulators  of  consumption, — a  class  of  impostors  who  are 
found  in  all  general  hospitals,  and  sometimes  also  in  regimental 
hospitals. 

Dr.  Cheyne  very  graphically  describes  some  of  the  manoeuvres 
of  a  simulator  of  phthisis.  "  He  expresses  a  wish  to  be  let  blood  or 
blistered  for  a  pain  in  his  chest;  he  begs  for  some  medicine  to  re- 
lieve his  cough  ;  applies  for  a  furlough  ;  in  short,  so  well  does  he  act 
his  part,  that,  unless  the  surgeon  is  very  circumspect,  he  will  discover 
when  too  late  that  he  has  been  made  a  dupe  of."  But  impostors 
are  not  always  content  with  merely  pretending  disease ;  a  more 
complicated  system  of  fraud  is  sometimes  attempted.  Emaciation 
is  occasioned  by  abstinence  and  drinking  vinegar — cough  and 
hoarseness  are  imitated — debility  is  pretended — and  a  puriform  ex- 
pectoration is  easily  obtained  by  purchase  or  otherwise  from  the 
spitting-pot  of  a  patient  really  labouring  under  consumption.  Many 
impostors  are  sufficient  adepts  in  the  art  of  deranging  the  circulation, 
to  simulate  hectic  fever  by  the  quickening  the  pulse,  so  that  by 
these  means  all  the  leading  symptoms  of  consumption  are  more  or 
less  completely  counterfeited.  Chronic  catarrh  is  often  the  ground- 


90  MARSHALL  ON  THE  ENLISTING,   ETC.  OF  SOLDIERS. 

work  upon  which  a  case  of  fictitious  consumption  is  founded. 
When  the  patient  is  in  hospital,  the  expectoration  is  regularly  shown 
to  the  medical  attendant,  and  to  increase  the  quantity  it  is  mixed 
with  saliva  and  mucus  from  the  nose.  It  is  often  tinged  with  blood, 
which  is  commonly  produced  by  pricking  the  gums.  In  cases  of 
this  kind  the  breathing  is  generally  quick,  and  there  are  always 
complaints  of  pain  in  the  chest,  and  of  disturbed  rest  from  cough. 

"Limitation  de  I'asthme  serait  risible  si  elle  n'etait  deplorable. 
Des  jeunes  gens,  dans  1'espoir  de  representer  le  signe  essentiel  de 
cette  affection,  (la  difficulte  de  respirer,)  se  sont  occasione  des  pal- 
pitations dont  les  suites  ont  ete  quelquefois  bieri  funestes ;  il  est  des 
simulateurs  chez  qui  elles  ont  determine  1'hypertrophie  du  cceur." — 
(Cache,  page  191.) 

3.  Hcenioplysis,  or  spitting"  of  blood. — Many  soldiers  are  pro- 
posed to  be  discharged  on  account  of  this  alleged  symptom  of  im- 
paired health.  Haemoptysis  may  be  a  consequence  of  inflammation 
of  the  mucous  membrane  of  the  trachea,  which  commonly  admits 
of  speedy  recovery.  When  haemoptysis  is  accompanied  by  other 
symptoms  of  tubercular  disorganisation  of  the  lungs,  the  congeries 
of  symptoms  deserve  the  highest  consideration,  and  the  man  in 
question  may  be  recommended  to  be  discharged,  as  being  likely  to 
be  permanently  inefficient.  Where  spitting  of  blood  occurs  with- 
out other  symptoms  of  consumption,  such  as  emaciation,  purulent 
expectoration, 'hectic  fever,  (fee.,  the  attention  should  be  especially 
directed  to  ascertain  the  circumstances  connected  with  the  hemor- 
rhage. Impostors  are  aware  that  spitting  of  blood  is  occasionally 
a  symptom  of  consumption,  which  disqualifies  a  soldier  for  the 
service;  and  as  this  symptom  is  easily  feigned,  it  is  more  commonly 
simulated  than  any  other  indication  of  pectoral  disease.  Various 
means  are  therefore  frequently  resorted  to  by  soldiers  who  wish  to 
obtain  their  discharge  and  a  pension.  For  the  purpose  of  deceiving 
medical  officers  in  this  respect,  some  secretly  provide  themselves 
with  bullock's  blood,  for  the  purpose  of  colouring  the  saliva;  others 
make  small  incisions  in  the  mouth  or  arm,  and  thus  procure  the 
colouring  matter.  To  detect  an  impostor  who  feigns  spitting  of 
blood,  all  that  is  commonly  required  is  to  carefully  examine  the 
contents  of  the  spitting-pot.  Blood  from  the  lungs  is  florid  and 
coagulated  in  smaller  or  larger  portions,  but  where  this  symptom  of 
disease  is  feigned,  the  colouring  matter  is  intimately  mixed  with 
saliva.  The  absence  of  all  the  other  pathognomonic  symptoms  of 
organic  disease  of  the  lungs  should  invariably  excite  a  consider- 
able degree  of  doubt  in  regard  to  the  alleged  source  of  the  expec- 
torated blood. 

Dr.  Fallot  relates  an  interesting  case  of  a  soldier  who  simulated 
this  affection.  The  man  had  voluntarily  enlisted,  but  he  soon  after 
regretted  that  he  had  done  so,  and  became  anxious  to  regain  his  lib- 
erty. One  evening  Dr.  Fallot  was  sent  for  in  great  haste,  and  found 
a  large  quantity  of  coagulated  blood  before  the  bed  of  the  man, 


DISEASE  OF  THE  HEART.  91 

who,  with  an  affected  feeble  voice,  complained  of  his  deplorable 
condition.  Seeming  to  believe  all  he  said,  the  doctor  ordered  him 
to  be  bled,  and  directed  some  other  remedial  means  to  be  followed. 
Next  day  Dr.  Fallot  was  informed  that  the  cough  and  spitting  of 
blood  had  continued  all  night.  The  healthy  appearance  of  the 
man,  the  absence  of  fever,  and  the  clear  distinct  sound  of  the  chest, 
excited  the  doctor's  suspicions,  and  induced  him  to  watch  the  sol- 
dier carefully,  and  for  a  considerable  time,  during  which  he  ascer- 
tained two  facts:  first,  that  the  man  ejected  large  clots  of  blood 
without  coughing;  and  secondly,  that,  before  the  blood  was  ejected, 
he  turned  his  face  to  the  back  of  the  bed,  which  was  situated  in  an 
alcove.  Eventually  a  pot  containing  about  a  pound  and  a  half  of 
bullock's  blood  was  found  under  the  cover  of  the  bed.  This  cir- 
cumstance was  considered  conclusive  evidence  that  the  hemorrhage 
was  feigned. 

A  soldier,  who  had  for  some  time  simulated  a  pectoral  affection, 
showed  Dr.  Fallot  his  spitting-pot,  which  contained  a  mixture  of 
blood  and  puriform  matter.  The  man  had  got  out  of  bed  during 
the  night,  and  appropriated  part  of  the  contents  of  the  spitting-pot 
of  a  man  suffering  under  consumption,  to  which  he  had  added  a 
portion  of  blood  which  he  found  in  a  bleeding  basin.  He  had  not, 
however,  taken  the  precaution  to  break  down  the  coagulum  which 
remained  in  the  basin,  and,  as  the  portion  he  had  removed  left  a 
vacancy  in  the  clot,  he  was  thereby  detected. 

4.  Diseases  of  the  heart  or  large  blood-vessels. — The  diagno- 
sis of  diseases  of  the  heart  is  frequently  attended  with  much  diffi- 
culty. When  a  soldier  complains  of  uneasiness,  or  sensations 
indicative  of  a  morbid  condition  of  the  heart  or  aorta,  the  utmost 
care  ought  to  be  taken  duly  to  investigate  the  origin  of  the  symp- 
toms, and  to  place  him  in  circumstances  favourable  for  his  comfort 
and  recovery.  This  measure  is  essentially  necessary,  inasmuch  as 
extensive  disorganisation  of  the  aorta  may  take  place  without  being 
indicated  by  any  obvious  symptom.  A  long-continued  probation 
is  advisable,  before  recommending  a  discharge  on  account  of  ob- 
scure affections,  particularly  of  this  class  of  disabilities.  Nothing 
very  specific  can  be  learned  from  a  frequent,  a  slow,  an  irregular, 
or  an  intermitting  pulse,  as  these  may  at  intervals  occur  in  the 
same  individual,  under  a  variety  of  circumstances,  without  much, 
perhaps  without  any,  disease.  Recruits  have  almost  always  a  fre- 
quent pulse  while  they  are  examined,  and  not  a  few  men  have  been 
rejected  under  the  presumption  that  a  quick  pulse  is  a  satisfactory 
indication  of  disease  of  the  heart  or  large  blood-vessels.  Much 
caution  is  required  on  the  part  of  a  medical  officer,  before  he  con- 
cludes that  a  soldier  is  suffering  from  organic  disease  of  the  heart, 
and  that,  in  consequence  of  this  affection,  he  is  unfit  for  the  duties 
of  his  profession,  and  not  likely  ever  to  recover. 

Disease  of  the  heart  is  sometimes  simulated  by  soldiers  when 
they  wish  to  be  discharged.  To  excite  an  undue  action  of  the 


92  MARSHALL  ON  THE  ENLISTING,  ETC.  OP  SOLDIERS. 

vascular  system,  various  means  are  employed,  some  of  which  are 
known  to  medical  officers,  but  of  others  I  believe  they  are  com- 
pletely ignorant.  The  introduction  of  t&bacco  or  garlic  into  the 
anus  greatly  deranges  the  circulation,  and  disease  of  the  heart  is 
thereby  simulated.  The  veratrum  album,  in  doses  of  from  ten  to 
twelve  grains,  has  been  successfully  used  for  a  similar  purpose. 
The  ingenuity  of  medical  officers  will  readily  suggest  the  means  of 
discovering  whether  any  irregularity  of  the  action  of  the  heart  be 
fictitious  or  not.  Total  seclusion,  so  as  to  render  it  impossible  for 
a  man  to  procure  drugs,  and  coming  upon  him  ninawares  for  the 
purpose  of  ascertaining  the  state  of  the  circulation,  will  commonly 
afford  strong  presumptive  evidence  of  the  soundness  or  unsound- 
ness  of  the  heart,  and  whether  artificial  means  have  been  used  to 
excite  palpitation.  I  believe  palpitation  is  sometimes  produced  by 
the  immoderate  use  of  tobacco,  without  any  intention  of  thereby 
exciting  disease,  but  there  is  too  much  reason  for  suspecting  that 
this  narcotic  is  occasionally  employed  for  the  specific  purpose  of 
simulating  an  affection  of  the  heart. 

Palpitation  of  the  heart  may,  it  is  alleged,  be  excited  by  strong 
compression  on  the  abdomen,  by  means  of  a  tight  bandage,  such  as 
the  waistband  of  a  pair  of  trowsers.  Professor  William  Schmitt 
relates  the  case  of  a  young  engineer  officer  in  the  Austrian  service, 
who  adopted  that  means  for  the  purpose  of  being  permitted  to  retire 
from  the  army  with  a  pension. 

A  temporary  derangement  of  the  function  of  the  heart,  and  con- 
sequent palpitation,  is  not  unfrequent  among  soldiers,  more  particu- 
larly young  recruits,  before  they  are  dismissed  from  drill.  For 
some  time  previously  to  a  general  inspection,  the  men  are  often 
kept  long  under  arms;  and  to  this  circumstance  may  sometimes  be 
attributed  slight  derangement  of  the  circulation,  fainting  of  weakly 
individuals,  &c.  Standing  under  arms  has  lately  been  forbidden  as 
a  punishment,  which  is  a  wise  and  humane  measure.  Frequent 
tedious  drills  and  inspections  are  supposed  to  be  sometimes  the  pre- 
cursors or  causes  of  rupture,  aneurism  of  the  heart,  varicose  veins 
of  the  leg,  &c..  and  perhaps  not  altogether  without  foundation. 
The  practice  of  the  French  army  in  this  respect  may  be  quoted,  as 
a  warning  for  British  officers  to  avoid. 

"Every  Sunday  there  is  a  general  inspection  of  all  the  corps  of 
infantry,  during  which  the  soldiers  stand  under  arms  from  sunrise 
to  mid-day,  and  sometimes  till  one  in  the  afternoon.  An  inspection 
is  first  made  by  the  non-commissioned  officers,  then  by  the  officers 
of  each  company,  next  by  the  commanding  officer  of  a  battalion, 
then  by  the  lieutenant-colonel,  and  after  him  they  are  inspected  by 
the  colonel  of  a  regiment.  The  men  then  proceed  to  mass,  and 
afterwards  return  to  parade,  when  the  lieutenant-general,  after  a 
final  inspection,  expresses  his  satisfaction  at  the  fine  appearance  of 
the  corps,  but  it  is  presumed  he  is  ignorant  of  the  extreme  fatigue 
which  has  been  incurred  to  gain  his  approbation." 

5.   Varicose  veins.— This  morbid  affection  consists  in  a  perma- 


VARICOSE  VEINS  —  PHY3CONIA.  93 

nent  dilatation  of  the  veins.  The  external  veins  of  several  parts 
of  the  body  become  occasionally  varicose,  but  this  affection  rarely 
disqualifies  a  soldier  for  military  service,  except  when  the  veins  of 
the  inferior  extremities  are  affected.  When  varicose  veins  of  the 
legs  are  large  and  numerous,  marching  is  accompanied  by  a  sense 
of  fulness  above  the  ankle,  with  more  or  less  oedema  of  the  whole 
leg,  and  consequently  a  soldier  is  thereby  disqualified  for  service  in 
the  infantry  or  artillery.  If  the  affection  exists  in  a  very  severe 
degree,  the  legs  become  swelled,  tense,  hot,  and  painful,  the  skin 
red  and  inflamed,  and  the  cellular  tissue  condensed.  The  slightest 
abrasion  of  the  skin  may  give  rise  to  ulceratiori,  and  in  this  condi- 
tion of  the  veins  ulcers  on  the  legs  are  frequently  incurable.  At- 
tempts are  sometimes  made,  by  soldiers  who  wish  to  be  discharged, 
to  excite,  or  at  any  rate  to  aggravate,  this  affection  by  tight  liga- 
tures; but  to  what  extent  these  means  answer  the  purpose  intended, 
I  am  unable  to  state. 

CLASS  IV. — Diseases  or  impaired  Functions  of  the  Organs  of  . 

Digestion. 

1.  Visceral  turgescence  (Physconia). — This  terra  is  intended 
to  comprise  a  number  of  diseases  consisting  in  an  enlarged  or  pro- 
tuberant condition  of  one  or  more  of  the  organs  of  digestion.  As 
all  the  viscera  of  the  abdomen  are  subject  to  an  indurated  enlarge- 
ment, and  as  the  various  organs  occasionally  become  affected  simul- 
taneously, the  symptoms  may  be  very  complicated.  Instances 
frequently  occur  where  the  real  nature  of  the  swelling  cannot  be 
determined,  except  by  a  post-mortem  examination.  The  origin  of 
visceral  turgescence  is  commonly  attributed  to  disease  contracted 
while  serving  in  unhealthy  climates,  and  much  care  and  attention 
is  required  by  medical  officers,  to  satisfy  themselves  of  the  exi  t- 
ence  and  extent  of  the  alleged  disability — how  far  it  disqualifies  a 
man  for  military  duty — and  whether  or  not  it  was  contracted  by 
service,  as  well  as  whether  it  be  incurable.  Any  material  disorga- 
nisation of  an  important  viscus  may  in  general  be  considered 
incompatible  with  health  and  complete  efliciency. 

"Les  cas  doivent  etre  juges  suivant  1'importance  des  visce'res 
malades,  la  profondeur  de  ('alteration  qu'ils  out  subie,  et  1'etendue 
de  ses  effets  sur  la  constitution  ge'nerale,  la  nature  de  leurs  causes, 
et  le  dejjre  de  leur  curabilite." — (Fallot,  Memorial  de  T  expert^  <Sfc.t 
page  107.) 

This  disability  is  not  unfrequenlly  feigned  by  soldiers  who  wish 
to  be  discharged.  Mr.  Bamfield,  formerly  surgeon  of  the  35th 
regiment,  had  three  cases  of  this  kind  under  his  care:  the  enlarge- 
ment of  the  abdomen  was  effected  by  means  of  a  deep  inspiration, 
and  keeping  it  distended  with  very  short  expirations.  The  detec- 
tion he  found  was  simple  and  easy,  as  it  was  only  necessary  to 
surprise  the  patient  while  asleep,  when  his  abdomen  was  soil  and 
unprotruded.  I  have  met  with  three  or  four  cases  of  alleged 
8— a  7  mar 


94  MARSHALL  ON  THE  ENLISTING,  ETC.  OF  SOLDIERS. 

"organic  disease  of  the  abdomen,"  which  was  imitated  by  simply 
elevating  the  spine.  The  advantage  of  examining  men  brought 
forward  for  discharge,  in  a  state  of  nudity,  is  very  obvious  where 
visceral  turgescence  is  feigned  in  this  manner.  During  the  year 
1811,  a  greatly  distended  condition  of  the  abdomen  became  in  some 
measure  epidemic  among  the  men  of  the  84th  regiment,  then  sta- 
tioned in  Dublin.  From  thirty  to  forty  men  belonging  to  that  corps 
were  admitted  into  the  general  hospital,  complaining  of  pain  and 
distention  of  the  abdomen,  with  excessive  thirst:  some  of  them 
drank  daily  more  than  a  gallon  of  water.  Dr.  Harvey,  who  was 
physician  to  the  hospital,  eventually  concluded  that  the  symptoms 
were  factitious,  and  under  that  impression  he  prescribed  a  solution 
of  Glauber  salts,  dissolved  in  weak  infusion  of  tobacco,  which  he 
called  the  infusum  beuediclum.  A  cupful  of  this  bitter  mixture 
was  given  in  the  morning,  and  repeated  every  fourth  hour  until  it 
operated,  and  with  complete  success.  All  the  patients  who  were 
MI  hospital  recovered  speedily,  and  the  disease  soon  disappeared. 
Sixteen  men  had,  however,  succeeded  in  obtaining  their  discharge 
before  this  method  of  treatment  was  adopted.  The  means  by  which 
the  tympanitic  symptoms  were  occasioned  remains  unknown.  It 
was  conjectured  that  large  quantities  of  chalk  and  vinegar  might 
have  been  employed,  but  this  was  only  a  surmise. 

A  great  expansion  of  the  abdomen  is  sometimes  excited  or  pre- 
tended by  soldiers  in  India  when  they  wish  to  evade  duty,  or  to 
obtain  their  discharge.  The  means  adopted  is  commonly  supposed 
Jo  be  drinking  fermenting  toddy,  and  rice  water,  to  which  a  small 
quantity  of  soap  is  added. 

2.  Chronic  disease  of  the  liver. — Soldiers  who  have  served  in 
India  are  pretty  well  acquainted  with  the  leading  symptoms  of  this 
affection,  and,  when  they  become  tired  of  a  military  life,  some  of 
them  feign  liver  disease,  while  others  exaggerate  the  uneasiness 
under  which  they  may  in  reality  be  suffering.  The  diagnosis  of  a 
morbid  affection  of  the  functions  or  structure  of  the  liver  is  fre- 
quently very  obscure,  and  hence  a  medical  officer  must  chiefly 
depend  upon  the  general  indications  of  health  or  disease,  in  his 
estimation  of  the  ultimate  efficiency  of  a  man  who  has  been  for 
some  time  under  medical  treatment,  on  account  of  this  alleged  com- 
plaint. Unless  the  uneasy  sensation  of  the  right  side,  which  is  the 
common  complaint,  be  corroborated  by  well  marked  symptoms  of 
impaired  health, — or  rather  when  there  is  no  obvious  fulness  in 
the  region  of  the  liver,  when  the  pulse  and  breathing  are  regular, 
the  secretions  and  excretions  natural,  when  there  is  no  remarkable 
emaciation,  and  when  the  alleged  pain  resists  topical  bleeding  and 
blistering, — we  are  not  warranted  in  concluding  that  much  real 
disease  exists,  and,  consequently,  should  not  recommend  a  man  to 
be  discharged  as  permanently  unfit  for  military  duty.  I  have  seen 
a  nnmber  of  men  who  had  lain  for  many  months  in  bed,  on  account 
of  alleged  liver  disease,  but  whose  healthy  countenances  and  plump 
frames  satisfied  rne  that  the  functions  of  the  liver  were  not  much 


DISEASE  OP  THE  LIVER — VOMITING.  95 

out  of  order.  It  is  surprising  how  long  a  healthy  person  will  resist 
the  debilitating  effects  of  the  daily  exhibition  of  a  moderate  quan- 
tity of  medicine,  low  diet,  and  confinement  to  bed,  wiihout  being 
greatly  extenuated,  or  seeming  to  suffer  by  hospital  discipline  of 
this  kind.  Malingerers  rarejy  succeed  in  feigning  a  languid  sickly 
eye,  or  the  voice  of  genuine  indisposition,  however  well  they  may 
feign  other  indications  of  disease. 

In  alleged  cases  of  disease,  where  testimony  is  doubtful,  and 
where  there  are  no  obvious  symptoms  of  impaired  health,  a  medi- 
cal officer  cannot  use  too  much  care  to  ascertain  the  real  state  of 
the  health  of  his  patient.;  and  until  he  has  made  up  his  mind  in 
regard  to  a  case,  the  remedies  employed  should  be  very  simple.  A 
soldier  complained  chat  he  had  "liver,"  and  alleged  that  he  had  a 
severe  pain  in  his  left  side.  Seeming  to  believe  that  his  disease 
was  of  a  grave  nature,  he  was  confined  to  bed,  and,  with  the  pro- 
fessed purpose  of  preventing  his  sleep  from  being  disturbed  by  the 
conversation  of  his  comrades.,  he  was  .accommodated  in  a  ward  by 
himself.  He  was  kept  on  low  diet,  and  a  weak  solution  of  the  tar- 
trate  of  antimony  alternately  with  the  pnisiura  diabolica  regu- 
larly exhibited.  This  mixture  consists  of  .Glauber  salts,  infusion 
of  tobacco,  and  asafoetida,  and  it  is  commonly  yiven  in  very  small 
quantities,  but  so  frequently  as  to  keep  the  taste  pretty  constantly 
in  the  mouth.  He  held  out  under  this  careful  treatment  for  a 
month,  and  recovered  rapidly.  Soon  after  he  was  discharged  from 
hospital  he  confessed  the  imposture,  arid  swore  that,  if  it  had  not 
been  for  his  stupidity  in  locating  the  pain  jn  his  left  side,  the  impo- 
sition would  not  have  been  suspected.  He  was  mistaken  ;  the 
imposition  was  considered  pretty  obvious  from  the  first,  but  I  am 
not  aware  that  any  other  means  would  have  made  him  sooner 
return  to  his  duty.  Every  medical  officer  of  experience  will  con- 
cur with  the  late  Dr.  Cheyne  in  his  remarks  regarding  alleged 
chronic  hepatitis.  "We  ought,"  he  says,  "never  to  put  a  malin- 
gerer under  a  course  of  mercury,  as,  by  the  requisite  stay  in  the 
hospital,  he  will  not  only  be  enabled  to  mature  his  plans  of  villany, 
but  his  constitution  will  thereby  be  injured  if  forced  to  return  to 
his  duty.  After  being  salivated,  he  will  soon  be  again  in  hospital, 
asserting  that  the  pain  in  his  side  has  returned.  As  soon  as  his 
mouth  gets  well,  a  new  course  of  mercury  will  then  be  instituted, 
which  is  precisely  what  he  wishes." 

3.  Vomiting-. —  When  the  stomach  is  much  diseased,  vomiting  is 
a  frequent  consequence  or  symptom  of  the  affection.  Organic  dis- 
ease of  this  viscus  is  commonly  accompanied  with  pain  of  the  par: 
affected,  regurgitation  of  the  ingesta,  and  general  emaciation. 
When  there  is  no  other  obvious  symptom  of  disease  of  the  stomach, 
but  a  regurgitation  of  the  food  swallowed,  it  may  generally  be  in- 
ferred that  the  alleged  disability  is  not  of  a  very  serious  nature. 

Some  persons  who  have  the  voluntary  power  of  rejecting  the 
contents  of  the  stomach,  avail  themselves  of  that  faculty  to  simu- 
late disease.  I  have  seen  several  soldiers  who  were  proposed  for 


OG  MARSHALL  ON  THE  ENLISTING,  ETC.  OF  SOLDIERS. 

discharge  on  account  of  this  alleged  disability,  namely,  the  rejec- 
tion of  food  after  every  meal  ;  but  as  they  continued  to  increase  in 
weight  upon  half  diet,  and  had  each  a  healthy  countenance,  no 
doubt  conid  he  entertained  that  the  vomiting  was  voluntary.  They 
were  all  sent  to  their  duty;  and  I  have  since  learned,  in  regard  to 
some  of  them,  that  they  became  efficient  soldiers,  without  making 
any  complaint  of  indigestion  or  want  of  nourishment.  In  1828, 
there  was  a  man  in  the  general  hospital,  I>ublin,  who  had  been 
under  observation  and  treatment  for  five  or  six  months,  in  conse- 
quence of  frequent  vomiting.  Some  doubt  was  at  first  entertained 
respecting  the  nature  of  the  alleged  disability,  but  eventually  it  was 
presumed  that  the  disability  was  feigned,  and  the  man  was  sent  to 
his  duty.  Shortly  before  he  left  the  hospital,  four  men  in  the  same 
ward  with  him  regurgitated  their  food,  so  that  the  disability  became 
partially  epidemic.  None  of  these  men  were  discharged  from  the 
service  at  that  time. 

4.  Boicel  complaint. — Under  the  head  "  Dysentery  and  Hepatic," 
it  appears  that,  on  an  average,  more  than  2UO  men  are  annually 
discharged  from  the  service.  (Circular  Letter,  22d  January,  1830, 
Medical  Department.}     Cases  of  bowel   complaint   require  very 
careful  deliberation  before  they  are  recommended  to  be  discharged; 
more  especially  the  age  of  the  man  under  consideration,  his  length 
of  service,  the  climate  in  which  he  has  served,  the  intractable  nature 
of  the  symptoms,  and  the  duration  of  the  disease.     It  is  presumed 
that  no  man  is  ever  discharged  while  he  is  suffering  under  urgent 
symptoms  of  bowel  complaint,  or  an  advanced  stage  of  any  disease. 
The  hospital  is  the  best  place  for  this  class  of  patients,  where  they 
ought  in  general  to  remain  until  the  disease  terminates  either  in 
recovery  or  death. 

Bowel  complaints  are  occasionally  pretended  by  recruits  when 
they  wish  to  avoid  leaving  a  district  depot  to  join  their  corps.  The 
fraud  is  easily  detected  by  inspecting  their  linen  :  if  it  be  clean,  the 
bowels  are  not  much  out  of  order.  In  climates  where  dysentery  is 
prevalent,  such  as  India,  bowel  complaints  are  often  alleged  as  a 
pretext  for  being  relieved  from  duty;  the  use  of  a  night-chair  satis- 
factorily discovers  the  fraud  when  no  disease  exists.  Care  must, 
however,  be  taken  in  hospitals,  that  a  patient  really  suffering  under 
dysentery  does  not  lend  his  assistance  to  promote  the  imposture, 
for  aid  of  the  kind  alluded  to  has  been  bought  and  sold.  In  civil 
life,  I  have  known  bullock's  blood  exhibited  in  a  chamber  utensil 
to  the  physician  of  a  dispensary,  for  the  purpose  of  obtaining  some 
of  the  comforts  of  the  establishment. 

5.  Hernia. — According  to  the  20th   article  of  the  Pensioning 
Regulations  of  1829,  no  infantry  soldier  is  to  be  discharged  for  rup- 
ture alone^  except  in  extreme  cases  of  disability.     By  the  French 
conscription  law,  no  man  is  to  be  exempted  from  serving  in  the 
army  on  account  of  rupture,  unless  the  intestine  is  irreducible,  or 
that  it  cannot  be  kept  in  its  place  by  means  of  a  truss.     I  believe 
that  in  all  regiments  there  are  a  considerable  number  of  ruptured 


HERNIA. 


men,  who  perform  their  duty  regularly  without  complaint,  and 
who  are  capable  of  performing  all  the  ordinary  duties  of  the  army 
during  a  period  of  peace.  Does  hernia  occur  more  frequently 
among  the  men  in  cavalry  corps  than  in  infantry  regiments?  What 
is  the  relative  ratio  of  ruptured  men  serving  in  cavalry  corps  and 
infantry  regiments?  These  are  interesting  questions,  which  I  am 
unable,  for  want  of  materials,  to  solve;  but  1  hope  the  subject  will 
be  carefully  investigated.  Under  what  circumstance  should  a  sol- 
dier, who  is  ruptured,  be  deemed  disqualified  for  the  performance 
of  military  duties?  He  may,  perhaps,  be  considered  unfit  for  the 
army  when  he  suffers  from  single  hernia,  if  a  truss  fails  in  pre^ 
venting  the  intestine  from  protruding  through  the  ring,  and  in  all 
cases  of  double  hernia.  "Rien  n 'est  quelquefois  plus  difficile  que 
de  preter  un  jugement  bien  decisif  sur  le  veritable  etat  d'nne  her- 
nie,  c'est-a-dire  de  prononcer  que  la  reduction  est  operee,  et  qu'elle 
est  bien  et  solidement  contenue.  Toutes  les  fois  qu'un  homme  esi 
porteur  d'une  hernie,  il  pourra  non-seulement  s'il  veut  t romper, 
affirrner  qu'elle  est  difficilement  contenue,  mais  il  pourra  aisement 
la  reproduire  a  volonte  par  une  fort  inspiration  ou  des  mouvements 
pre"cipites  d'iuspiration  ou  d'expiration." — (Soitville,  Examen  des 
Ittfir  miles  ou  Maladies  qui  pcuvent  exempter  da  Service  Mili- 
taire,  et  necessiter  la  Reforme. — Paris,  1810.) 

Every  man  who  is  affected  with  hernia  may  be  considered  unfit 
for  military  duty  during  active  warfare.  War  is  a  state  of  priva- 
tion of  every  kind,  and,  in  general,  a  ruptured  man  is  unable  to 
surmount  the  fatigue  of  a  campaign.  Indeed,  no  man  who  is 
affected  with  hernia  should  be  permitted  to  take  the  field,  however 
willing  he  may  be  to  accompany  his  comrades. 

Hernia  is  not  a  cause  of  much  inefficiency  in  the  army,  nor  are 
there  many  men  discharged  on  this  account.  By  a  return,  com- 
prehending a  considerable  portion  of  the  army,  it  appears  that, 
among  an  aggregate  strength  of  10,000,  there  were  admitted  into 
hospital  10  men  on  account  of  hernia,  or  one  in  1000,  the  range 
being  from  5  to  17  per  10,000.  The  ratio  of  admissions  among 
the  cavalry  is  10  per  10,000,  which  is  exactly  the  amount  of  the 
general  mean.  Among  every  78.796  men,  one  died  of  hernia,  and, 
with  respect  to  the  number  of  men  discharged,  it  appears  that,  of 
every  10,000  men  serving  in  India,  3  were  annually  disabled  and 
discharged  from  the  service  in  consequence  of  hernia.  I  have  no 
documents  which  enable  me  to  state,  whether,  in  any  of  the  fatal 
cases,  or  indeed  in  any  instance,  the  operation  for  strangulated 
hernia  was  performed.  The  operation  for  hernia  is  but  very  seldom 
required  in  the  army.  Perhaps  there  is  no  class  of  the  population 
among  which  there  are  so  few  surgical  operations  performed  during 
peace.  Many  medical  officers  have  passed  through  a  long  period 
of  service,  and  left  the  army,  without  ever  using  any  moie  capital 
instrument  than  a  lancet  and  a  tooth  instrument. — (Note,  No.  //) 

Although  hernia  be  not  a  cause  of  much  inefficiency  in  the  army, 
it  is  occasionally  alleged  as  a  reason  for  being  exempted  from 


98  MARSHALL  ON  THE   ENLISTING,  ETC.  OF  SOLDIERS. 

particular  duties;  and  medical  officers  frequently  find  considerable 
difficulty  in  determining  whether  the  plea  arises  from  want  of  will 
or  from  physical  infirmity. 

Hernia  has  been  simulated  by  soldiers  who  were  anxious  to  ob- 
tain their  discharge. 

Pat  Gafney,  second  battalion,  rifle  brigade,  having  been  "unfor- 
tunate"— by  which  term  is  implied  that  he  had  been  convicted  of  a 
crime,  and  punished — complained  that  he  had  become  ruptured. 
He  was  forthwith  examined  by  Dr.  Connel,  assistant  surgeon  to  the 
brigade,  who  found  a  slight  degree  of  fulness  over  the  left  inguinal 
ring,  and  eventually  he  ascertained  that  the  left  testicle  was  not  in 
the  scrotum.  By  means  of  considerable  pressure  applied  above  the 
ring,  the  testicle  was  extruded  and  restored  to  the  scrotum.  Gafney 
had  served  several  years  in  the  marines,  and  was  discharged,  as  his 
"Instructions"  stated,  in  consequence  of  inguinal  hernia,  the  result 
of  service,  with  a  pension  of  n'vepence  a*day.  It  would  appear 
that  he  succeeded  in  obtaining  his  discharge  and  a  pension  from 
the  marines,  by  simulating  hernia;  but  he  failed,  however,  in  im- 
posing upon  Dr.  Connel.  He  was  discharged  from  the  army  with 
every  mark  of  ignominy  in  September,  1827. 

To  discharge  a  bad  man  with  ignominy — in  other  words,  with 
loss  of  good  name — or,  indeed,  in  any  way,  may  be  to  promote  the 
object  of  his  wishes,  and  consequently  this  punishment  has  little 
effect  in  preventing  crime. 

I  have  seen  several  men  who  had  the  voluntary  power  of  draw- 
ing up  a  testicle  to  the  ring,  and  retaining  it  there  for  some  time. 
According  to  Baron  Percy,  some  men  can  retract  a  testicle  within 
the  abdomen.  Some  years  ago  a  paper  was  picked  up  in  the  gene- 
ral military  hospital,  Dublin,  which  contained  a  "receipt  for  making 
a  rupture."  The  scrotum  was  to  be  punctured  with  a  large  pin, 
and  then,  by  means  of  a  piece  of  tobacco-pipe,  it  was  to  be  blown 
lip  with  air.  The  same  operation  was  to  be  performed  on  the  other 
side,  if  a  double  rupture  was  required;  poultices  were  to  be  applied 
to  reduce  the  inflammation!  The  manuscript  was  supposed  to  have 
been  dropped  by  a  man  belonging  to  the  18th  Hussars,  who  had 
been  left  in  hospital  when  the  regiment  embarked  for  England. 
He  joined  his  corps  at  Rumford,  in  Essex,  with  his  scrotum  greatly 
enlarged:  according  to  his  own  statement,  the  swelling  came  on 
in  consequence  of  his  jumping  from  a  window  shortly  after  he  left 
the  hospital;  on  his  landing  at  Liverpool,  it  became  so  large  and 
painful  that  he  could  not  walk,  and  was  in  consequence  forwarded 
in  a  cart.  When  the  scrotum  was  pressed,  a  crepitus  was  percep- 
tible. The  swelling:  was  in  all  likelihood  excited,  and  probably  by 
the  means  directed  in  the  "receipt."  This  man  succeeded  even- 
tually in  obtaining  his  discharge,  by  simulating  disease  of  the  hip- 
j  oint.— (Dr.  Cheyne's  Letter  to  Dr.  Renny.} 


DISEASES  OF  THE  TESTICLE.  99 

CLASS  V. — Diseases  and  Lesions  of  the  Genito-urinary  Organs. 

1.  Diseases  of  the   testicle. — a.  Hydrocele  (or  water  in  the 
tunica  vaginalis  testis]  sometimes  exists  in  so  trifling  a  degree,  as 
hardly  to  be  considered  a  disease  or  disability.     When,  however, 
the  operation  for  a  radical  cure  has  failed,  or  when  the  body  of  the 
testicle  is  considerably  enlarged,  a  man  is  commonly  deemed  unfit 
for  the  army,  and  recommended  to  be  discharged. 

b.  Sarcocele. — In  this  disease  the  testicle  is  enlarged,  indurated, 
heavier  than  natural,  and  sometimes  unequal  on  the  surface.     Sar- 
cocele  is  frequently  presumed  to  be  an  ill-conditioned  affection  of 
the  gland,  and  little  under  the  influence  of  remedial  means.     The 
testicle  may,  however,  become  enlarged,  without  having  a  tendency 
to  a  scirrhons  induration.     As  these  two  conditions  of  a  testicle 
may  be  confounded — and  indeed,  during  the  early  stage  of  the 
affection,  there  is  no  definite  line  to  distinguish  them — the  unfit- 
ness  of  a  man  for  the  service  on  account  of  this  disease  must  be 
determined  hy  the  extent  of  the  enlargement,  the  duration  of  the 
disease,  and  the  intractable  nature  of  the  symptoms. 

c.  Varicocele  and  Cirsocele. — A.  varicose  dilatation  of  the  veins 
of  the  scrotum,  (varicocele,)  or  a  similar  condition  of  the  veins  of 
the  spermatic  cord,  (cirsocele,)  if  the  enlargement  has  attained  such 
a  size  as  to  impede  a  soldier  from  marching,  it  renders  him  unfit 
for  the  service. 

The  testicle  of  one  side  is  sometimes  considerably  smaller  than 
the  other,  without  any  satisfactory  appearance  of  disease,  but  many 
recruits  have  been  rejected  on  this  account.  A  man  was  approved 
at  the  Dublin  depot,  who  was  subsequently  rejected  at  the  head- 
quarters of  the  regiment  to  which  he  belonged,  in  consequence  of 
the  alleged  state  of  his  left  testicle,  which  (according  to  the  report 
of  the  surgeon)  "appears  proceeding  to  a  dissolution."  This  is 
certainly  a  very  hypothetical  reason  for  rejecting  a  man.  Had  the 
surgeon  been  well  acquainted  with  the  duty  of  inspecting  recruits, 
he  would  have  known  that  the  tcstes  are  comparatively  small  in 
some  individuals,  occasionally  not  larger  than  horse  beans  in  stout 
muscular  men. 

2.  Incontinence  of  urine. — An  involuntary  flow  of  urine  is  an 
indication  of  functional,  if  not  of  organic,  disease  of  the  bladder; 
but  as  a  want  of  the  power  of  retaining  the  urine  for  a  considerable 
time  is  a  rare  disability,  and  as  the  affection  is  frequently  feigned, 
great  care  ought  to  be  bestowed  upon  the  investigation  of  every 
case  which  is  proposed  to  be  discharged  on  this  account.     Persons 
who  really  suffer  under  incontinence  of  urine  have  commonly  a 
weak,  lax  constitution,  and  infirm  health.     The  flow  seldom  inter- 
mits above  two  hours  at  a  time,  either  by  night  or  day;  the  body 
and  clothes  exhale  a  strong  ammoniacal  odour,  and  the  scrotum 
and  inside  of  the  thighs  are  found  to  be  excoriated.    In  cases  where 
incontinence  is  feigned,  the  action  of  the  abdominal  muscles  may 


• 

100          MARSHALL   ON  THE  ENLISTING,  ETC.  OF  SOLDIERS. 

be  perceived,  and  the  urine  comes  away  in  jets.  If  the  bladder  be 
capable  of  retaining  a  considerable  quantity  of  urine,  it  may  be 
inferred  that  the  alleged  incontinence  is  feigned;  hence  a  simulator 
may  sometimes  be  detected  by  coming  upon  him  unawares,  and 
desiring  him  to  make  water  instantly,  or  by  using  the  catheter. 
The  alleged  disability  of  incontinence  of  urine  occasionally  disap- 
pears, by  making  a  man  sleep  on  straw  instead  of  in  a  comfortable 
bed.  which  he  had  wet  regularly  every  night.  The  application  of 
moxa  to  the  scrotum  has  been  found  useful,  inasmuch  as  the  alleged 
disability  was  very  soon  said  to  be  cured.  But  perhaps  the  most 
effectual  means  of  making  a  schemer  announce  a  recovery,  is  to 
oblige  him  to  wear  a  urinal,  and  do  his  duly.  This  disability,  like 
many  others,  is  apt  to  become  epidemic  among  the  men  of  a  regi- 
ment. In  one  instance  which  came  under  my  notice,  five  men  of 
one  corps  complained  that  they  suffered  from  incontinence  of  urine, 
and  were  in  consequence  of  their  allegation  brought  forward  by  a 
credulous  commanding  officer  to  be  discharged. 

Dr.  Cheyne.  in  his  Letter  to  Dr.  Rermy,  states  a  curious  fact, 
which  shows  the  importance  of  attending  to  the  subject  of  feigned 
disease  among  soldiers.  During  the  year  1803,  the  medical  charge 
of  a  regiment  of  Irish  militia  devolved  upon  a  private  practitioner, 
unacquainted  with  the  diseases  or  the  tricks  of  soldiers.  In  a  short 
time  a  number  of  the  men  were  admitted  into  hospital,  in  conse- 
quence of  alleged  incontinence  of  urine.  This  imposition  extended 
to  such  a  degree  among  the  men,  thai  numbers  of  them  had  their 
white  breeches  completely  destroyed  by  urine.  The  imposition 
was  instantly  discovered  by  Deputy-Inspector  Comyns,  and  the 
progress  of  the  epidemic  arrested,  by  ordering  all  the  men  who  had 
spoiled  their  clothes  to  be  marched  to  a  lake,  morning  and  evening, 
for  the  purpose  of  cold  bathing. 

3.  Calculus  vesica.—  Stone  in  the  bladder  is  a  rare  disease  in 
the  army,  and  1  believe  it  is  generally  considered  an  adequate  cause 
for  discharging  a  man.  Lithotomy  is  very  seldom  performed.  Dr. 
Hennen,  in  his  chapter  on  the  Examination  of  Recruits,  (Princi- 
ples of  Military  Surgery,)  states,  that  "diseases  of  the  urinary 
passages,  and  stone  in  the  bladder,  are  a  sufficient  cause  for  rejec- 
tion." 1  presume  the  attempt  to  ascertain,  by  means  of  a  sound, 
whether  a  recruit  suffered  from  stone,  never  was  made;  I  should 
certainly  consider  it  a  highly  inexpedient  measure. 

CLASS  VI. —  Diseases  and  Lesions  of  the  Skin  and  Cellular 

Membrane. 

1.  Ulcers. — It  appears,  by  the  Circular  Letter  from  the  Medical 
Board,  bearing  date  22d  January,  1830,  that  rather  more  than  100 
men  are  on  an  average  annually  discharged  on  account  of  "ulcers 
and  varices."  How  far  this  may  be  a  higher  or  a  lowt-r  ratio  of 
discharges  on  account  of  ulcers  than  at  present,  I  have  no  means 
of  ascertaining.  Disabilities  such  as  ulcers,  which  are  easily  pro- 


tm 

ULCERS. 

dnced  by  artificial  means,  require  to  he  carefully  investigated.  The 
practice  of  exciting  ulcers  in  the  army  during  the  last  war  is  said 
to  have  prevailed  to  a  considerable  extent;  the  means  commonly 
employed  were  corrosives  or  irritants,  such  as  nitric  acid,  acetate 
of  copper,  quicklime,  lime  and  soap,  bruised  garlic  and  vinegar. 
In  India,  the  juice  of  the  euphorbium  is  principally  used.  Mecha- 
nical means  are  also  sometimes  adopted,  particularly  abrasion  ;  this 
object  is  attained  by  rubbing  the  skin  over  the  shin-bone  with  a 
small  quantity  of  sand,  so  as  to  excite  inflammation,  the  sand  being 
allowed  to  remain  on  the  irritated  surface.  Ulcers  of  a  very  in- 
tractable nature  are  rapidly  excited  upon  old  cicatrices  by  this 
means.  The  integuments  which  surround  factitious  ulcers  are  in 
general  more  healthy  and  less  callous  than  when  the  ulceration  is 
spontaneous.  To  prevent  suspected  impostors  from  applying  irri- 
tating substances  to  ulcers  on  the  legs,  it  is  frequently  necessary  to 
seal  the  bandages,  which  measure  is  so  far  effectual  as  to  prevent 
the  dressings  from  being  removed  unknown  to  the  medical  officer, 
but  it  does  not  altogether  prevent  the  injurious  application  of  me- 
chanical means.  Wooden  boxes,  when  they  are  constructed  so  as 
to  prevent  the  introduction  of  a  rod  at  the  top.  are  more  effectual. 
The  following  cases  will  show  the  difficulty  which  sometimes 
occurs  in  discovering  the  cause  of  an  ulcer. 

Mr.  W.  had  a  man  under  his  care  on  account  of  an  ulcer  on  his 
leg,  which  was  suspected  to  be  factitious.  Sealed  bandages,  and 
eventually  a  tin  case  for  the  leg,  were  tried,  but  still  the  ulcer  con- 
tinued to  spread,  and  it  was  presumed  some  means  were  adopted  to 
prevent  the  sore  from  healing.  There  was  a  man  in  hospital  at 
the  same  time,  whose  leg  Mr,  W.  had  amputated,  and  who,  seem- 
ingly influenced  by  gratitude,  told  Mr.  W.  privately,  that  the  man 
with  the  ulcer  on  his  leg  had  a  "receipt"  for  exciting  several  dis- 
eases, in  his  knapsack,  which  was  forthwith  examined  and  the 
document  found.  It  contained  instructions  for  injuring  an  eye, 
simulating  hernia,  and  exciting  an  ulcer.  Factitious  blindness  was 
to  be  effected  by  "the  prog  of  a  needle  in  sight  of  the  eye,"  and 
after  a  pension  had  been  procured,  soft  soap  was  to  be  applied  to 
the  eye,  by  which  means  it  was  stated  that  vision  would  be  restored. 
A  rupture  was  to  be  simulated  by  inflating  the  cellular  membrane, 
or  by  tying  a  ligature  round  the  dartos.  To  excite  or  imitate  an 
ulcer,  yellow  arsenic  was  to  be  employed.  Although  this  man  was 
riot  allowed  to  have  access  to  his  ulcer,  he  found  means  for  some 
time  to  introduce  a  small  portion  of  yellow  arsenic  into  the  sponge 
with  which  it  was  washed,  and  by  this  means  the  sore  continued 
to  spread.  His  scheme  failed  chiefly  in  consequence  of  the  infor- 
mation received  from  the  man  in  question. 

Impostors  are  very  rarely,  indeed  almost  never,  detected  by  means 
of  information  obtained  from  their  comrades,  although  exceptions 
occasionally  occur,  as  in  the  following  case. 


102  MARSHALL  ON  THE  ENLISTING  OF  SOLDIERS. 

Private  P.  Devlin  was  admitted  into  the  hospital  of  the regi- 
ment, when  it  was  stationed  in  St.  Helena,  in  consequence  of  an 
extensive  ulcer  on  the  outside  of  one  of  his  thighs,  a  little  above 
the  knee,  which  mended  rapidly  under  the  use  of  common  dress- 
ings. Before  the  ulcer  had,  however,  completely  healed,  the  newly 
formed  skin  was  found  one  morning,  to  the  extent  of  a  half-penny, 
in  a  sloughing  state.  Again  the  ulcer  began  to  improve,  and  was 
nearly  skinned  over,  when  the  sloughing  process  reappeared.  Sus- 
picion was  excited,  and  the  hospital  Serjeant  and  orderlies  were 
directed  carefully  to  watch  the  man,  with  a  view  of  detecting  him. 
At  length  the  artifice  was  discovered.  A  soldier  was  in  hospital, 
in  consequence  of  punishment,  to  whose  back  the  man  who  had 
the  nicer  applied  a  nostrum,  and  told  him  he  might  remain  in  hos- 
pital as  long  as  he  pleased,  provided  he  would  inviolably  keep  the 
secret.  The  application  produced  excessive  pain,  with  inflammation, 
and  extensive  sloughing  of  the  back,  and  eventually  the  man 
became  alarmed,  and  told  the  whole  story.  The  impostor  who 
made  the  application  was  tried  by  a  court-martial,  and  received 
corporal  punishment.  It  was  found  that  the  irritant  employed  to 
excite  the  sloughing  was  a  slice  of  the  -  —  apple,  a  plant  that 
abounds  in  St.  Helena,  but  the  scientific  name  of  which  I  have  not 
learned. 

Unless  in  cases  where  ulceration  is  accompanied  by  varices,  and 
where  the  constitution  is  unsound,  it  is  very  rarely  necessary  to 
discharge  a  man  on  account  of  this  disability. 

2.  (Edema — swelled  leg. — Diseases  of  the  lower  extremities 
contribute  in  a  remarkable  degree  to  disqualify  soldiers  for  military 
duty,  and  although  oadema  or  anasarca  of  a  leg  is  a  rare  disease, 
the  simulation  of  this  disability  occurs  occasionally. 

A  private  belonging  to  the  -   regiment  arrived  at  the  invalid 

depot,  Chatham,  from  India,  during  the  summer  of  1829.  He  was 
sent  home  in  consequence  of  alleged  elephantiasis  of  the  left  leg 
and  foot,  which,  according  to  the  man's  own  statement,  had  super- 
vened while  he  was  suffering  under  an  obstinate  intermittent  fever. 
He  was  admitted  into  Fort  Pitt  general  hospital,  and  the  following 
is  an  outline  of  his  case  at  the  time  of  admission.  The  left  leg  and 
foot  were  greatly  swollen  :  the  swelling  was  remarkably  firm  ;  the 
integuments  were  dry,  rough,  and  dark-coloured  :  the  knee-joint 
had  partly  lost  its  mobility.  The  man's  general  health  was  good, 
and  the  enlargement  of  the  lirnb  was  reported  to  have  existed  for 
about  eighteen  months.  Shortly  after  admission  info  hospital,  it 
was  discovered  that  he  had  a  bandage  bound  tightly  round  the  left 
thigh,  which  he  stated  he  had  "worn  by  the  advice  of  his  doctor, 
for  the  purpose  of  preventing  the  disease  from  extending  to  his 
belly."  From  this  period,  care  was  taken  that  he  should  not  have 
it  it)  his  power  to  apply  another  ligature,  and  in  the  course  of  eight 
or  ten  days  the  size  of  his  limb  was  greatly  reduced ;  the  skin  had 
in  some  degree  assumed  its  usual  colour,  and  hardly  any  symptom 


(EDEMA.  103 


remained  of  the  disability  for  which  he  had  been  admitted  into 
hospital,  except  a  slight  stiffness  of  the  knee-joint,  probably  arising 
from  long-continued  inaction. 


22£  17*          15  "     14 


Dimensions  of  the  limb  in  inches : 

Thigh.        Cf.  of  leg.      Ankle.      Instep. 
On  admission  into  hospital, 

25th  October,  1829, 
Six  days  after  the  removal 

of  the  ligature, 

Mr.  Jones,  assistant  inspector  of  hospitals,  had  a  sergeant  under 
his  care  on  account  of  swelling  and  inflammation  of  the  right  leg, 
and  the  means  usually  adopted  in  like  cases  were  employed  withouf 
success.  Mr.  Jones,  at  one  time,  thought  there  was  an  abscess  in 
the  leg,  and  had  a  lancet  in  his  hand  for  the  purpose  of  opening  it, 
but.  thinking  the  feeling  of  fluctuation  not  sufficiently  obvious,  he 
desisted.  From  the  anomalous  character  of  the  symptoms,  Mr. 
Jones  suspected  that  some  means  were  employed  to  excite  and 
prolong  the  affection,  and,  with  the  view  of  discovering  whether  his 
suspicions  had  a  good  foundation,  he  visited  the  hospital  one 
evening  when  he  was  not  expected,  and,  promptly  proceeding  to 
the  Serjeant's  bed,  turned  off  the  bed-clothes,  and  discovered  the 
trace  of  a  ligature  round  the  thigh,  for,  notwithstanding  his  expe- 
dition, the  cord  had  been  removed  arid  concealed.  The  swelling 
had  almost  completely  disappeared  by  the  following  morning.  It  is 
worthy  of  observation,  that  the  serjeant  did  not  show  the  slightest 
reluctance  to  the  insertion  of  the  abscess  lancet  when  Mr.  Jones  had 
it  in  his  hand  for  that  purpose. 

(Edema  and  swelling  of  an  arm  have  been  excited  by  similar 
means.  Dr.  Fallot  gives  an  account  of  a  soldier  who  was  twice 
admitted  into  hospital  in  consequence  of  swelling  of  the  left  fore-arm 
and  hand.  During  the  first  period  he  was  in  hospital,  an  incision 
was  made  on  the  back  of  the  hand,  for  the  purpose  of  giving  exit 
to  the  contents  of  what  was  supposed  to  be  an  abscess,  but  nothing 
escaped  except  some  dark-coloured  blood.  The  second  time  he 
was  admitted,  it  was  discovered  that  the  swelling  was  occasioned 
by  a  ligature  round  the  arm. 

Isfordink  once  met  with  a  case  of  anomalous  disease  of  the 
extremities,  which  had  been  artificially  excited  by  means  of  a 
ligature.  The  soldier  complained  of  rheumatic  pains,  and  after 
employing  a  variety  of  remedial  means  he  was  directed  to  use  the 
warm  bath.  When  he  was  undressed  for  the  bath,  the  impress  of 
a  titfht  ligature  was  observed  on  each  arm  and  leg;  he  seemed 
to  have  applied  a  leather  thong  alternately  to  the  different  extremi- 
ties. 


104          MARSHALL  ON  THE  ENLISTMENT,  ETC.  OF  SOLDIERS. 


CLASS  VII. — Diseases  and  impaired  Function  of  the  Organs  of 

Locomotion. 

1.  Rheumatic  pains. — Under  the  head  of  rheumatism  a  great 
number  of  soldiers  are  annually  discharged.  Chronic  rheumatism 
is  an  adequate  cause  for  discharging  a  soldier,  when  it  occurs  in  an 
individual  who  has  heeri  long  in  the  service  with  impaired  general 
health,  enlargement  of  the  joints,  and  extenuated  extremities. 
Rheumatism  may,  no  doubt,  attack  young  men,  and  disable  them 
for  a  longer  or  shorter  period,  but  it  rarely  disqualifies  an  individual 
permanently  for  military  duty. 

Rheumatism  is  frequently  counterfeited  by  soldiers,  more  espe- 
cially those  who  have  served  the  period  which  entitles  them  to  a 
pension  for  life,  provided  they  are  discharged  as  disqualified  for 
military  duty.  These  men  commonly  think  that  to  gain  their 
object,  it  is  only  necessary  to  affirm  that  they  have  pain  in  some  of 
the  joints,  to  put  on  the  aspect  of  suffering,  and  affect  decrepitude 
or  loss  of  power  in  the  limbs.  The  back,  loins,  and  hips  are  the 
parts  usually  selected,  the  knee,  ankle,  and  superior  extremities  less 
frequently.  In  general,  there  is  no  adequate  cause  assigned  for  the 
complaint,  and  no  relief  from  remedial  treatment  is  acknowledged, 
and  while  real  rheumatic  affections  are  commonly  aggravated  by 
changes  of  weather,  the  impostor  complains  equally  at  all  times. 
When  he  is  asked  how  he  is  to-day,  his  usual  answer  is,  "  Just  the 
sam?,  sir."  Patients  of  this  kind  seem  to  think  that  the  constant 
use  of  a  crutch  or  stick,  and  a  ready  submission  to  such  remedies 
as  blisters,  issues,  &c.  affords  irrefragable  evidence  of  the  reality 
and  the  alleged  degree  of  their  disability.  When  the  disability  is 
real,  the  patient  is  commonly  found  in  bed,  or  moving  about  very 
leisurely;  whereas,  in  simulated  rheumatism,  if  we  surprise  cases, 
they  will  frequently  be  found  apparently  at  their  ease,  and  enjoying 
the  amusements  of  their  comrades.  Perhaps  there  is  no  class  of 
disabilities  which  requires  more  care  and  more  caution  on  the  part 
of  medical  officers  than  cases  of  alleged  pain,  rheumatism,  lumbago, 
<fcc.,  in  men  of  comparatively  short  service.  The  most  experienced 
eye,  the  soundest  judgment,  and  the  most  delicate  tact  may  be 
deceived  ;  for  many  a  soldier  has  been  discharged,  and  even  pen- 
sioned, in  consequence  of  alleged  chronic  rheumatism,  whose  health 
was  good,  and  who  satisfactorily  demonstrated  that  he  had  the 
complete  use  of  his  limbs  almost  immediately  after  he  regained  his 
liberty.  When  the  health  is  good,  and  the  seat  of  the  alleged  pain 
unaffected  by  swelling  or  increased  temperature,  a  medical  officer 
will  probably,  in  nineteen  out  of  twenty  cases,  be  safe  in  concluding 
that  no  material,  or  at  any  rate  no  permanent  disease  exists.  To 
admit  the  allegation  of  wandering  pains  unsupported  by  physical 
changes  as  an  adequate  cause  for  discharging  youn^  men,  is  to 
open  a  door  for  simulation,  which  it  would  be  impossible  to  shut. 

However  frequently  the  existence  of  pain  may  be  alleged  with- 


RHEUMATIC  PAINS.  105 

out  foundation,  no  man  should  be  pronounced  or  even  presumed  to 
be  a  malingerer  until  careful  examination,  hospital  discipline,  and 
adequate  observation,  have  afforded  a  medical  officer  the  requisite 
opportunity  of  arriving  at  a  sound  conclusion.  The  following 
brief  history  of  a  case  will  show  the  propriety  of  this  precaution. 

When  Dr.  G was  surgeon  to  the  regiment,  he 

admitted  a  private  into  hospital,  in  consequence  of  a  large  ulcer  of 
the  lea1,  which  was  eventually  presumed  to  be  self-made.  When 

the  soldier  was  discharged  from  hospital,  Dr.  G told  him 

that  it  was  perfectly  evident  he  had  himself  made  the  ulcer,  and 
recommended  him  to  abstain  from  such  practices,  as  care  would  be 
taken  that  he  should  not  continue  them  with  impunity.  In  a  few 
weeks  this  man  returned  to  hospital,  complaining:  of  pain  in  the 
articulation  of  the  right  thigh.  There  was  no  obvious  swelling  or 
discoloration,  and  as  he  had  the  character  of  being  a  malingerer, 
strong  and  apparently  well  grounded  suspicions  were  entertained 
that  tlie  alleged  disability  was  merely  pretended.  The  doctor  did 
not  decide  precipitately,  but  prudently  resolved  to  allow  some  time 
to  elapse  before  he  made  up  his  mind  on  the  case.  Violent  inflam- 
mation eventually  carne  on,  which  terminated  in  permanent  loss  of 
motion  of  the  joint.  This  man  was  a  profligate  character,  and 
had  lain  in  a  state  of  intoxication  on  his  right  side  in  a  ditch, 
for  nearly  the  whole  night,  previously  to  his  being  admitted  into 
hospital. 

This  case  is  very  instructive.  It  strongly  inculcates  the  propriety 
of  proceeding  with  great  caution  under  all  circumstances,  and  of 
letting  the  evidence  of  neither  good  nor  bad  previous  conduct 
suspend  a  careful  investigation  of  symptoms  in  each  case.  Finesse 
will  sometimes  succeed  in  detecting  imposture,  when  harsh  mea- 
sures would  completely  fail. 

The  late  Dr.  Davies,  surgeon  to  the  East  India  Company's  depot, 
Chatham,  had  a  young  soldier  under  his  care,  who  alleged  that,  in 
consequence  of  a  severe  pain  of  the  back,  he  was  unable  to  move 
or  to  be  moved  from  his  bed.  His  alleged  pain  had  existed  for 
about  a  month,  and  still  no  indication  appeared  that  he  intended  to 
return  to  his  duty.  For  the  convenience  of  being  watched,  &c.  he 
was  accommodated  in  a  ward  by  himself.  Dr.  Davies,  who  con- 
sidered him  an  impostor,  saw  no  prospect  of  his  giving  in— a. 
circumstance  which  induced  him  to  adopt  a  very  simple  measure 
for  his  detection.  He  went  to  the  window  of  the  ward  in  the  dusk 
of  the  evening,  and  after  gently  tapping  upon  the  glass,  he  in  a  low 
tone  called  the  man  by  name,  he  was  at  the  window  in  an  instant, 
and  the  doctor  had  the  pleasure  of  congratulating  him  upon  the 
recovery  of  his  locomotive  faculty.  This  man  went  forthwith  to 
his  duty. 

Dr.  Fallot  succeeded  in  restoring  a  malingerer  to  his  duty  by  a 
new  plan  of  treatment.  A  deserter  who,  after  being  for  some  time 
pursued  by  the  gens  (Farmes,  was  eventually  caught,  and  brought 


106          MARSHALL  ON  THE  ENLISTIN?G,  ETC.  OP  SOLDIERS. 

to  Namur,  alleged  that  he  had  lost  the  power  of  moving  one  of  his 
lower  limbs,  which  was  as  plump  and  as  warm  as  the  other.  Cup- 
ping, blisters,  and  moxas  produced  no  good  effect.  After  being  a 
long  time  in  hospital,  Dr.  Fallot  adopted  the  plan  of  treatment 
recommended  for  gout  by  Cadet  de  Vaux,  namely,  causing  his 
patient  to  swallow  a  large  quantity  of  warm  water.  The  man  took 
the  first  dose  with  apparent  resignation,  but  his  courage  failed  him 
before  it  required  to  be  repeated.  Without  giving  any  explanation, 
or  making  any  confession,  he  stated  in  a  lew  days  that  he  was  quite 
well,  arid  able  to  proceed  to  his  duty. 

Mr.  Bourchier,  surgeon  to  the  36th  regiment,  succeeded  in  restor- 
ing a  man  to  the  ranks,  who  had  been  long  under  his  care  for 
alleged  lumbago,  by  introducing  a  little  tartar  emetic  into  his  food, 
which  produced  the  usual  effects — sickness  and  vomiting.  The 
man  became  alarmed,  and  forthwith  sent  for  a  priest.  He  soon 
returned  to  his  duty. 

In  no  case  should  means  be  adopted  to  induce  a  suspected  malin- 
gerer to  give  in,  which  a  medical  cfficer  would  regret  having 
employed,  were  the  disability  to  prove  real.  If  a  suspected  patient 
possesses  sufficient  fortitude  to  support  a  rigorous  trial,  the  medical 
officer  who  directed  it  will  be  regarded  will)  indignation,  while  the 
patient  is  considered  a  martyr  by  his  comrades.  There  is  good 
reason  to  conclude,  that  many  a  simulator  has  persisted  in  his  plan 
of  endeavouring  to  obtain  his  discharge,  and  has  undergone  great 
physical  pain,  even  corporal  punishment,  without  flinching.  Dr. 
Cheyne  relates  the  case  of  a  man  "who  pretended  that  he  laboured 
under  rheumatism,  and,  after  persevering  for  four  months,  bent 
nearly  double,  was  at  last  tried  by  a  court-martial,  convicted  of 
malingering,  and  sentenced  to  receive  300  lashes.  One  hundred 
and  fifty  were  inflicted  without  flinching,  he  obstinately  declaring 
his  utter  inability  to  stand  erect."  He  gave  in,  however,  on  being 
ordered  out  to  receive  the  remainder  of  his  punishment,  and  became 
a  good  soldier.  Had  second  punishment  been  declared  illegal, 
when  this  man  was  tried,  it  might  have  been  supposed  lhat  he  suf- 
fered under  a  real  disability.  The  custom  of  inflicting  second 
punishment  prevailed  more  or  less  till  within  a  few  years;  but  it  has 
been  gradually  falling  into  desuetude  since  Mr.  Manners  Sutton 
stated  in  the  house  of  commons,  in  February,  1813,  his  opinion  of 
its  impropriety  and  injustice. 

2.  Lameness — old  fractures. — Soldiers  are  frequently  proposed 
for  discharge  in  consequence  of  lameness,  alleged  to  be  the  result  of 
a  bruise  or  an  injury,  of  which,  perhaps,  there  is  no  other  evidence 
but  their  own  testimony.  Some  men  will  persist  for  a  number  of 
years,  complaining  of  pain,  and  loss  of  power  of  an  inferior  extremi- 
ty, and  assert  that  they  are  unable  to  perform  their  duty,  while 
there  is  no  obvious  cause  of  lameness.  In  doubtful  cases,  a  medical 
officer  may  ask  himself  the  following  questions, — Is  it  probable 
that  the  circumstance  to  which  the  lameness  is  ascribed  could 


LAMENESS.  107 

occasion  genuine  disease?  Is  the  alleged  disability  a  consequence 
of  the  ascribed  cause?  By  attentively  investigating  these  points,  he 
will  probably  arrive  at  as  definitive  a  conclusion  as  the  nature  of 
the  subject  will  warrant.  Simulators  of  lameness,  like  those  who 
feign  other  disabilities,  are  liable  to  give  very  exaggerated  accounts 
of  their  feelings;  for  example,  they  will  assert  that  the  uneasiness 
occasioned  by  the  application  of  a  blister  is  excruciating,  and  that 
it  has  excited  a  variety  of  tormenting  sensations  far  beyond  its 
usual  effects. 

A  fracture  of  a  lower  extremity  is  frequently  assigned  as  a  cause 
of  lameness, — indeed,  many  soldiers  seem  to  think  that  they  ought 
to  be  discharged  when  they  happen  to  got  a  leg  fractured  ;  and  it 
would  appear,  by  a  circular  letter  from  the  medical  department, 
dated  22d  January,  1830,  that  a  number  of  men  are  annually  dis- 
charged on  this  account,  tn  civil  life,  persons  usually  recover 
completely  from  the  disabling  effects  of  a  fractured  limb;  and  there 
seems  no  reason  why  soldiers  should  not  be  equally  fortunate ; 
apparently  they  have  a  much  better  chance  of  recovery  than  the 
labouring  classes  of  the  community,  inasmuch  as,  from  the  moment 
of  the  accident,  they  are  attended  by  a  medical  officer,  and  receive 
not  only  the  most  appropriate  treatment,  but  every  necessary  ac- 
commodation which  their  situation  requires. 

When  a  soldier  who  has  had  a  leg  fractured  wishes  to  obtain  his 
discharge  and  a  pension,  he  commonly  refuses  to  admit  that  he  has 
recovered  the  use  of  his  limb  ;  he  affects  lameness,  and  complains 
of  pain  at  the  part  where  the  fracture  took  place,  and  upon  these 
grounds  endeavours  to  establish  his  inability  for  duty,  and  conse- 
quently his  claim  to  be  discharged.  He  frequently,  however,  fails 
in  his  scheme  by  overacting.  But  it  is  not  only  the  disabling 
effects  of  an  actual  fracture  which  are  sometimes  feigned  ;  impostors 
occasionally  assert  that  a  limb  has  been  fractured,  when  no  evi- 
dence of  it  can  be  adduced  but  that  of  their  own  testimony.  "While 
I  was  employed  in  examining  the  inefficient  men  of  the  troops 
stationed  in  the  Northern  and  Norih  British  districts,  I  met  with 
three  cases  of  this  kind,  where  a  thigh-bone  was  said  to  have  been 
fractured.  Each  of  the  men  stated  that  the  accident  took  place 
while  he  was  absent  from  the  regiment,  and  while  none  of  his  com- 
rades were  with  him.  He  walked  lame,  and  the  alleged  fractured 
lirnb  seemed  shorter  than  the  other.  There  was  no  trace  of  callus, 
or  displacement  of  the  ends  of  the  bone,  and  the  limb  was  not 
extenuated.  I  soon  discovered  by  what  means  the  extremity 
appeared  to  be  diminished  in  length ;  for  when  the  men  were  placed 
on  their  back,  I  found  the  muscles  of  the  alleged  infirm  limb  pow- 
erfully contracted,  while  those  of  the  other  thigh  were  relaxed  and 
soft.  All  the  three  men  were  evidently  great  adepts  in  this  means 
of  imposition,  and,  although  they  belonged  to  different  regiments, 
the  plan  they  followed  was  very  similar. 

The  disabling  effects  of  disease  of  the  hip-joint  are  sometimes 
counterfeited  by  the  same  means,  and  for  a  similar  purpose. 


MARSHALL  ON  THE  ENLISTING,  ETC.  OF  SOLDIERS. 

The  simulation  of  lameness  is  not  confined  to  European  soldiers. 
Seapoys  and  native  dragoons  belonging  to  the  honourable  the  East 
India  Company's  service  are  not  exempt  from  this  military  delin- 
quency, as  will  appear  by  the  following  extract  from  a  general  order 
issued  by  the  Marquis  of  Hastings,  Calcutta,  29th  March,  1818. 

"The  cornmander-in-chief  lakes  this  opportunity  of  cautioning 
the  men  of  the  native  cavalry  against  a  practice  which  is  under- 
stood to  be  by  no  means  uncommon  among  them,  viz.  that  of  men 
who  receive  simple  fractures,  or  other  hurts  by  falls  from  their 
horses,  or  other  accidents,  using  means  to  distort  their  limbs,  and 
otherwise  to  retard  and  render  imperfect  the  cure  of  such  parts,  for 
the  purpose  of  being  placed  on  the  invalid  establishment;  any  man 
found  guilty  of  the  practice  in  future  is  to  be  reported  to  head- 
quarters, it  being  tho  commander-in-chief's  determination,  not  to 
allow  any  malin&erer,  or  person  guilty  of  using  means  to  render 
himself  unfit  for  duty,  to  remain  in  the  service  or  burden  the  invalid 
establishment." 

Isfordink  succeeded  twice  in  detecting  a  case  of  simulated  lame- 
ness, by  giving  his  patient  a  drastic  purgative,  likely  to  operate 
during  night,  and  stationing  a  trustworthy  orderly  to  watch  his 
passage  to  the  water-closet.  The  first  time  he  proceeded  to  the 
closet,  he  limped  all  the  way,  but  subsequently,  being  in  grenter 
hurry,  and  thinking  himself  not  perceived,  he  moved  with  a  free 
and  quick  step. 

The  passion  of  fear  is  sometimes  usefully  excited  in  cases  of 
counterfeited  lameness,  by  hinting  the  propriety  and  expediency  of 
adopting  some  disagreeable  remediable  means  at  a  fixed  period, 
should  no  recovery  take  place  before  that  time.  When  the  actual 
cautery  has  been  talked  of,  a  patient  has  sometimes  regained  his 
efficiency  before  the  period  it  was  proposed  to  be  applied. 

3.  Deformity  of  the  spine. — Of  all  disabilities  which  disqualify 
men  for  military  service,  personal  deformity  would  appear  to  be  the 
most  unlikely  to  be  feigned,  as  the  imposture  is  so  easily  detected. 
Malformation  hns,  however,  been  frequently  simulated  by  recruits, 
and  in  some  instances  with  success. 

E.  Brady,  a  recruit  for  the  58th  regiment,  was  approved  by  Mr. 
M'Leod,  lately  surgeon  to  the  42d  regiment,  and  acting  district  sur- 
geon in  Dublin,  in  August,  1819.  He  was  forwarded  to  the  army 
depot,  Isle  of  Wight,  where  he  feigned  malformation  so  effectually, 
that  a  board  of  medical  officers,  which  was  assembled  on  the  4th 
September,  to  report  on  his  case,  found  that  he  was  unfit  for  the 
service,  on  account  "of  deformity  of  the  spine  and  chest — strong 
inclination  of  the  body  to  the  right  side,  defective  motion  of  the 
right  arm  and  leg — pain  on  pressure  upon  the  spinous  processes  of 
several  of  the  dorsal  vertebrae."  In  compliance  with  the  finding  of 
the  board  he  was  discharged  ;  he  returned  to  Dublin,  where  he  was 
minutely  examined  on  the  22d  September,  by  Dr.  Peile,  deputy- 
inspector  of  hospitals,  the  late  Dr.  Thomas  Brown,  and  the  late 


MUTILATION.  109 

Mr.  Todd,  professor  of  anatomy,  who  found  his  spine  and  chest  we!l 
formed,  no  inclination  of  the  body  to  the  right  side,  or  defect  in  the 
power  of  motion  of  the  right  arm  and  leg;  and  that  he  did  not 
complain  of  pain  on  pressure  upon  the  spinous  processes  of  the 
dorsal  vertebras.  But,  previously  to  the  latter  examination,  the 
object  for  which  deformity  had  been  simulated,  was  obtained.  In 
January,  1822,  Brady  enlisted  for  the  89th  regiment,  and  was 
approved  at  Newry,  by  staff-surgeon  R.  J.  Brown.  The  above  case 
is  by  no  means  a  solitary  instance  of  success  in  this  variety  of 
imposition.  T.  Uarby,  a  recruit  for  the  59th  regiment,  was 
approved  by  Dr.  Thomas  Brown  during  the  autumn  of  1821,  and 
transferred  to  the  depot  of  the  corps  in  the  Isle  of  Wight.  The 
nature  of  the  farce  he  acted  there  may  be  inferred  from  the  sub- 
joined copy  of  a  report  made  on  his  case,  by  a  board  of  medical 
officers:  "The  board  have  minutely  examined  recruit.  Timothy 
Darby,  59th  regiment,  and  find  a  curvature  of  the  upper  part  of 
the  spine,  with  deformity  of  the  chest  and  shoulders,  the  left  shoulder 
nearly  two  inches  higher  than  the  right,  and  the  body  slightly  bent 
forward,  with  the  head  inclining  to  the  left  side.  He  has  been  in 
hospital  upwards  of  two  months,  under  observation  and  treatment ; 
large  caustic  issues  have  been  made  on  each  side  of  the  spine,  and 
the  couofh  and  pain  he  complained  of  on  admission  are  removed  ; 
the  board  are  of  opinion,  that  the  deformity  is  incurable,  and 
recommend  his  removal  from  the  service."  This  report  is  dated 
10th  December,  and  Darby  was  discharged  on  the  13th  of  the  same 
month,  "  in  consequence  (as  his  discharge  stated)  of  a  deformity  in 
the  spine  and  chest."  Dr.  Brown  having  been  furnished  with  a 
copy  of  the  above  report  very  naturally  inferred  that  there  must  be 
some  fr?iud  in  the  business,  as  it  was  morally  impossible  that  he 
would  have  approved  of  so  deformed  an  object  as  appeared  to  be 
described  by  the  board.  Darby  was  intercepted  on  his  return  home 
through  Dublin  ;  and  on  the  21st  January,  1822,  he  was  inspected 
by  three  eminent  surgeons,  Messrs.  Colles,  Todd,  arid  Cnsack,  an 
extract  from  whose  report  I  shall  subjoin:  "  We  have  this  day 
minutely  inspected  Timothy  Darby,  and  we  are  of  opinion,  that  he 
does  not  labour  under  any  disease  or  deformity  of  the  spine  or  chest ; 
on  the  contrary,  he  appears  to  be  remarkably  well  formed."  On 
the  2d  of  November,  1825,  Darby  enlisted  for  the  87th  regiment, 
but  apparently  presuming  that  he  would  be  rejected,  on  account  of 
the  cicatrices  of  two  large  issues  on  his  back,  he  refused  to  accept 
of  a  smaller  sum  than  five  shillings  as  enlistment  money  from  the 
recruiting  serjeant.  He  was  brought  to  me  for  inspection,  and  I 
found  him  fit  for  the  service,  being  perfectly  aware  at  the  time 
that  Darby  had  been  found  unfit  by  a  medical  board.  He  was  soon 
after  transferred  to  the  depot  of  the  87th  regiment,  and  finally 
approved. 

4.   Contractions. — The  continued  and  rigid  contraction  of  a  joint 
does  not  frequently  occur  among  soldiers  without  some  obvious  ex- 
ternal cause.     This  variety  of  disability  used,  however,  to  be  very 
8— b  8  mar 


110  MARSHALL  ON  THE  ENLISTINU,  ETC.  OF  SOLDIERS. 

often  simulated,  and  perhaps  it  is  stili  pretended  occasionally.  The 
parts  most  frequently  alleged  to  be  affected  are  the  neck,  constitut- 
ing an  imitation  of  wry-neck ;  the  vertebral  column  simulating 
crooked-back,  the  shoulder-join /,  the  elbow-joint^  the  knee-joint  and 
ihe  fingers. 

Contraction  of  a  joint  is  usually  attributed  to  chronic  rheuma- 
tism, or  to  an  injury.  In  consequence  of  inaction,  and  sometimes 
by  means  of  bandages  put  on  by  stealth,  the  alleged  infirm  limb  be- 
comes occasionally  a  little  extenuated.  Sometimes  the  suspicions 
of  a  medical  officer  are  not  excited  till  an  impostor  presumes  that 
his  success  is  nearly  secure,  in  other  words,  that  he  has  (;  done 
enough,"  and  when  a  schemer  happens  to  be  transferred  to  the  care 
of  a  new  medical  attendant,  his  prospect  of  success  becomes  still 
more  certain.  It  is  not  always  easy  to  arrive  at  a  definite  conclu- 
sion in  regard  to  an  alleged  disability  of  this  kind,  for  medical  offi- 
cers well  know  that  a  considerable  degree  of  disease  may  exist  in  a 
joint  without  any  well-marked  external  character.  The  investiga- 
tion of  each  case  should  be  conducted  with  care  and  patience,  and 
in  this,  as  in  most  other  alleged  disabilities,  a  medic;il  officer  should 
not  profess  to  discover  imposture  at  once  even  when  the  imposition 
is  pretty  obvious. 

Wry -neck. — A  man  belonging  to regiment  was  about  to  be 

discharged  from  the  service  in  consequence  of  this  disability,  when, 
on  account  of  intoxication,  he  was  confined  to  the  guard-room.  Here 
lie  quarreled  with  his  comrades,  and,  during  the  scuffle,  forgot  his 
assumed  infirmity,  by  which  means  the  imposture  was  discovered. 

Crooked-back. — The  perseverance  with  which  this  disability  has 
been  simulated,  and  the  irksomeness  of  the  posture  assumed  by  in- 
dividuals, would  greatly  exceed  belief,  did  the  facts  not  depend  upon 
the  most  undoubted  authority. 

A  man  named  Fitzgerald,  belonging  to  the  second  battalion,  royal 
regiment,  while  serving  in  India,  alleged  that,  in  consequence  of  an 
injury  on  his  loins,  he  was  unable  to  stand  upright.  For  a  period 
of  eighteen  months  he  walked  with  his  body  bent  forward  in  such 
a  manner  that  his  fingers  nearly  touched  the  ground.  Neither  me- 
dical nor  moral  means  had  any  influence  in  restoring  him  to  the 
ranks.  He  held  out  until  a  communication  was  received  from  the 
Horse  Guards,  authorising  commanding  officers  to  re-enlist  men 
whose  period  of  service  had  expired,  arid  that,  when  approved,  they 
were  to  receive  a  bounty  of  sixteen  guineas.  This  was  the  ease 
with  Fitzgerald;  and  two  days  after  the  arrival  of  the  communica- 
tion had  been  announced,  he  presented  himself  for  inspection  as 
straight  as  a  well  drilled  soldier  before  the  medical  officer  under 
whose  care  he  had  long  been.  Moral  turpitude,  not  physical  disa- 
bility, prevented  his  being  re-enlisted  into  the  royal  regiment ;  but  he 
eventually  enlisted  in  the  25th  regiment  of  dragoons,  which  was  at 
that  time  in  India. 

Private  J.  W. regiment  was  sent  home  from  India  to  be  in- 
valided, and  on  the  10th  of  June  1828,  was  admitted  into  Fort  Pitt 


CONTRACTIONS.  Ill 

"  : «.,   i  L  ^  -        > 

general  hospital.  He  stooped  so  much  that  the  upper  half  of  his 
body  formed  nearly  a  right  angle  with  his  inferior  extremities,  and 
he  usually  moved  from  place  to  place  by  the  help  of  a  stick  about 
two  feet  long  which  he  grasped  by  the  middle.  This  disability  was 
eventually  presumed  to  be  feigned,  and  lie  was  consequently  placed 
on  his  back  on  the  floor,  under  the  superintendence  of  a  medical 
officer,  when  he  held  his  legs  in  nearly  a  vertical  direction,  and  com- 
plained most  piteously  upon  any  attempt  being  made  to  put  his  in- 
ferior extremities  upon  the  same  line  with  his  body.  This  position 
was  reversed,  arid  for  some  time  he  supported  himself  on  his  head, 
hands,  and  feet.  He  soon  became  tired  of  this  state  of  prostration, 
and  at  last,  when  he  could  endure  it  no  longer,  he  stretched  his  legs 
fully  out,  and  lay  flat  upon  his  chest  and  stomach.  He  then  warmly 
expressed  his  gratitude  to  the  medical  officer  for  having  so  effect- 
ually cured  him  of  a  disability  under  which  he  had  so  long  suffered, 
and  observed,  that,  if  the  surgeon  of  the  corps  to  which  he  belonged 
had  done  as  much  for  him  in  India,  what  a  happy  man  he  should 
have  been  ! !  He  was  discharged  to  duty  on  the  7th  August,  1828. 

Crooked  back  is  occasionally  feigned  in  this  country  as  well  as 
in  India.  I  am  aware  of  one  case  which  was  cured  not  long  ago 
by  means  of  a  warm-bath  ;  the  patient  was  placed  in  a  cask,  and 
water  gradually  added  until  he  found  it  expedient  to  stand  upright 
to  prevent  being  drowned  ;  he  was  not  aware  of  the  ultimate  object 
of  the  bath,  and  consequently  he  was  in  some  measure  taken  by 
surprise. 

The  shoulder-joint. — A  soldier  belonging  to  regiment, 

while  it  was  serving  in  the  Bombay  presidency,  was  brought  before 
an  ''invaliding  board,"  in  consequence  of  alleged  immobility  of  the 
right  arm,  which  projected  from  the  shoulder,  forming  a  right  angle 
with  the  side.  Nothing  satisfactory  could  be  ascertained  in  regard 
to  the  origin  of  the  disability.  The  evidence  of  the  medical  officer 
under  whose  care  he  had  been,  together  with  that  of  his  comrades, 
tended  to  prove  that  the  arm  had  been  unintermittingly  extended 
in  the  manner  described  for  a  period  of  about  sixteen  months,  and 
that,  although  various  means  had  been  employed  to  flex  the  shoul- 
der-joint, they  all  had  been  ineffectual.  The  invaliding  board 
recommended  him  to  be  dischar^ed^  as  being  unfit  for  the  service  ; 
and  this  recommendation  was  subsequently  approved  by  the  medical 
hoard  at  Bombay.  Just  on  the  eve  of  embarkation,  the  man  in 
question  was  walking  with  a  large  bottle  of  arrack  under  his  left 
arm,  when  a  person  approached  him  unperceived  and  seized  it. 
bearing  that  the  prize  might  be  lost,  he  instinctively  bent  the  right 
shoulder-joint,  and  firmly  grasped  the  bottle  with  the  right  hand. 
This  circumstance  was  accidentally  observed  by  an  officer  who 
knew  him:  the  man  was  forthwith  tried  by  a  court-martial,  and 
sentenced  to  receive  1000  lashes. 

It  is  probable  that  the  immobility  of  the  shoulder-joint  was 
simulated  in  imitation  of  the  Indian  Fakirs,  who  exhibit  strange 


112          MARSHALL  ON  THE  ENLISTING,  ETC.  OF  SOLDIERS. 

displays  of  self-penance  and  mortification.  I  received  my  infor- 
mation in  regard  to  this  case  from  the  president  of  the  "invaliding 
board"  which  recommended  the  man  to  be  discharged. 

The  elbow-joint. — When  Dr.  G.  was  on  duty  at  York  hospital 
as  staff-surgeon,  a  serjeant  belonging  to  the  German  legion  was 
admitted  a  patient,  in  consequence  flf  an  alleged  contraction  of  the 
elbow-joint  of  the  right  arm.  This  man  bore  a  remarkably  good 
character,  as  may  be  inferred  from  the  circumstance  of  his  having 
been  for  a  number  of  years  orderly-serjeant  to  a  general  officer. 
Documents  accompanied  him  to  the  hospital,  testifying  the  fact  of 
his  having,  while  on  duty,  met  with  an  accident,  to  which  the 
lameness  of  his  arm  was  attributed,  and  also  bearing  evidence  of 
his  excellent  moral  and  military  character.  Dr.  G.  did  not  suffer 
himself  to  be  put  off  his  guard  by  testimony;  but,  having  carefully 
examined  the  arm,  came  to  the  conclusion,  that,  in  all  probability, 
the  disability  was  feigned.  The  means  of  detection  were  ingenious 
and  successful.  He  placed  a  small  cushion  between  the  arm  and 
side  of  the  serjeant,  so  as  to  prevent  him  from  resting  the  elbow  on 
the  hip.  He  then  held  his  own  arm  in  a  position  similar  to  that  of 
the  Serjeant's,  and  desired  an  assistant  to  append,  by  degrees,  equal 
weights  to  his  hand,  and  to  that  of  the  patient.  Dr.  G.'s  arm 
became  overburdened,  and,  being  unable  longer  to  support  the 
weights,  he  straightened  his  elbow-joint,  and  placed  them  on  the 
floor.  The  serjeant  continued,  however,  to  keep  the  joint  in  a  flexed 
state, but  at  length  the  arm  began  to  quiver;  a  circumstance  which 
the  doctor  quickly  noticed,  and  coming  unperceived  behind  him, 
completed  the  extension  by  the  aid  of  his  hand. 

The  knee-joint. — Cases  of  simulated  contraction  of  this  joint 
are  not  rare.  One  occurred  in  the  Royal  regiment  in  India.  The 
medical  officer  who  had  charge  of  the  regiment  was  satisfied  that 
the  disability  was  feigned  ;  for  although  he  could  easily  straighten 
the  leg,  it  was  instantly  retracted  when  the  force  applied  was  with- 
drawn, but  the  impudent  impostor  would  not  give  in.  He  was 
transferred  to  the  care  and  discipline  of  the  commanding-officer, 
who  directed  him  to  be  paraded  daily  at  the  orderly  room,  where 
he  was  extended  on  a  cot  or  platform  under  his  own  superin- 
te,ndence,  and  the  contracted  limb  straightened  and  retained  in  this 
condition  for  about  two  hours.  Day  after  day  the  same  process 
was  repeated  for  a  long  time,  without  any  advantage,  and,  after  a 
period  of  about  eighteen  months,  the  patience  of  the  commanding- 
officer  became  exhausted,  and  the  man  was  discharged. 

I  had  a  case  in  many  respects  similar  under  my  care ;  a  Mussul- 
man, a  native  of  Bengal,  enlisted  in  the  troop  of  Ceylon  cavalry, 
but  after  a  few  weeks,  he  alleged  that  his  right  knee-joint  had 
become  contracted,  and  that  he  was  lame.  I  succeeded  easily  in 
straightening  the  limb  without  effecting  any  permanent  advantage; 
he  continued  to  persist  in  simulating  lameness  with  so  much 


CONTRACTIONS. 


113 


perseverance  that,  although  it  was  quite  obvious  he  was  an  impostor, 
he  obtained  his  discharge. 

The  fingers  of  a  hand. — A  man  of  the  52d  regiment  alleged 
that  the  fingers  of  his  right  hand  had  suddenly,  and  without  any 
obvious  cause,  become  contracted,  by  which  means  his  fist  was 
permanently  closed.  He  was  long  in  hospital,  but  the  disability 
remained.  General  Ross,  who  then  commanded  the  corps,  directed 
him  to  be  confined  in  a  solitary  cell,  in  which  was  an  elevated 
shelf;  his  left  hand  was  secured  to  his  body,  and  a  loaf  of  bread 
and  a  pitcher  of  water  were  placed  upon  the  shelf,  so  that  he  could 
not  partake  of  them  without  employing  the  contracted  hand.  At 
the  end  of  the  first  twenty-four  hours  the  bread  and  water  were 
untouched,  but,  by  the  termination  of  another  diurnal  period,  the 
bread  had  disappeared,  and  the  pitcher  was  empty.  The  soldier 
returned  to  his  duty. 

It  is  in  general  much  more  difficult  to  deal  with  an  exaggerated 
disability  than  with  a  completely  feigned  infirmity.  A  medical 
officer  belonging  to  the  depot  of  a  regiment,  lately  approved  of  a 
recruit  for  the  corps,  and  probably,  from  omitting  to  follow  the 
prescribed  routine  for  the  examination  of  recruits,  a  slight  contrac- 
tion of  a  finger  escaped  notice.  Nothing  was  said  of  this  blemish 
until  the  recruit  was  some  time  at  drill,  and  had  become  tired  of 
being  a  soldier,  when  he  asserted  from  day  to  day  that  he  was 
unable  to  handle  the  musket.  Every  attempt  to  induce  him  to 
do  his  duty  failed,  and  the  medical  officer,  rather  than  have  his 
oversight  reported  to  the  authorities,  deposited  £20  for  the  pur- 
pose of  purchasing  the  man's  discharge,  by  which  means  he  left 
the  service. 

The  investigation  of  a  case  of  alleged  contraction  of  a  joint 
should  be  conducted  with  much  care  and  patience,  and  no  fact 
connected  with  the  history  of  the  disability  should  escape  due 
attention.  Mildness,  firmness,  attention,  and  perseverance,  will,  I 
believe,  in  general  succeed  in  satisfactorily  discovering  whether  it 
is  real  or  feigned.  Various  means  have  been  employed  in  suspi- 
cious cases  of  contraction,  and  sometimes  a  measure  which  has 
been  successful  in  one  case,  has  failed  in  unveiling  truth  in  another. 
A  tourniquet  applied  to  the  thigh  in  a  case  of  contracted  knee-joint 
has  an  excellent  effect,  in  destroying  the  voluntary  action  of  the 
muscles,  arid  in  relaxing  simulated  rigidity.  Some  men  cannot 
endure  repeated  shocks  of  electricity,  and  consequently  report 
favourably  of  its  influence  in  restoring  the  motion  of  a  stiff-joint; 
other  individuals  will  bear  the  application  of  this  agent  in  almost 
any  degree  without  flinching. 

It  is  frequently  useful  to  depart  from  the  usual  mode  of  exam- 
ining a  case  of  alleged  disease  when  its  existence  is  doubtful.  I 
recollect  being  asked  to  look  at  an  old  soldier  who  had  been  long 
in  a  civil  hospital  on  account  of  alleged  contraction  of  the  left 
knee,  and  after  approaching  the  side  of  the  bed.  and  examining  the 


114          MARSHALL  ON  THE  ENLISTING,  ETC.  OF  SOLDIERS. 

knee,  I  desired  him  to  lie  upon  his  face,  by  which  means  the  right 
leg  assumed  the  place  of  the  left.  I  then  placed  my  hand  upon  the 
right  knee,  which  became  gradually  flexed,  while  the  contraction 
of  the  left  knee  disappeared.  This  man's  attention  was  so  com- 
pletely engaged  with  the  right  knee  when  it  was  under  examination, 
that  he  forgot  that  it  was  his  left  knee  which  he  had  alleged  was 
contracted. 

5.  Mutilation. — I  am  not  aware  that  any  regulation  has  been 
issued  in  this  country,  specifying  the  smallest  degree  of  the  muti- 
lation of  a  hand  or  a  foot,  which  would  warrant  a  soldier  being 
discharged  as  disqualified  for  military  service;  but  conscripts  are, 
in  the  eye  of  the  law,  soldiers,  and  the  following  rule  which  obtains 
in  the  French  and  other  continental  armies  may,  so  far  at  least  as 
efficiency  is  concerned,  apply  also  to  soldiers  in  the  British  army. 

France. — The  total  loss  of  a  thumb,  or  a  great  toe,  or  the  index- 
finger  of  the  right,  hand,  or  two  fingers  of  one  hand,  or  two  toes 
of  one  foot. 

Prussia. — Loss  of  a  thumb,  or  the  index-finger  of  the  right  hand. 
Loss  of  a  great  toe. 

Netherlands. — Loss  of  a  thumb,  or  of  a  great  toe,  or  of  the 
index-finger  of  the  right  hand,  of  two  fingers  of  one  hand,  or  two 
toes  of  one  foot. 

Belgium. — Loss  of  a  thumb,  or  of  the  first  phalanx  of  an  index- 
finger,  or  of  more  than  one  finger  or  toe. 

The  loss  of  a  thumb,  or  the  index-finger  of  the  right  hand,  or  a 
great  toe,  unfits  a  soldier  for  duty,  and  warrants  his  being  discharged; 
but  the  loss  of  any  other  finger  or  toe  does  not,  I  presume,  completely 
disqualify  him  for  the  army. 

Mutilation  has  been  long  practised  by  conscripts  as  a  means  of 
exemption  from  serving  in  the  army,  and  by  soldiers  for  the  purpose 
of  being  discharged  from  the  service.  Constantino  made  a  law, 
directing  that  soldiers  who  mutilated  themselves  should  be  branded, 
and  that  they  should  not  be  discharged  ;  but  be  employed  at  what- 
ever labour  they  were  capable  of  performing.  Valentinianus  and 
Valens  confirmed  this  law,  and  ordered  that  the  mutilators  should 
be  still  more  severely  punished.  The  practice  of  mutilating  the 
hand,  by  cutting  off  some  of  the  fingers,  became  frequent  in  the 
time  of  Theodosius,  both  among  soldiers  and  persons  in  civil  life 
who  were  liable  to  be  called  to  serve  in  the  army.  This  emperor 
confirmed  the  laws  formerly  enacted  in  regard  to  poltroons  (pollico 
truncus},  persons  who  had  b^en  guilty  of  hand-maiming;  and,  in 
consequence  of  the  difficulty  which  some  of  the  provinces  had  to 
raise  the  full  quota  of  efficient  men,  he  directed  that  two  mutilated 
conscripts  should  be  allowed  to  reckon  as  one  man  of  a  prescribed 
levy.  Thumb-maiming  must  have  been  very  common  at  one 
time,  when  it  required  such  severe  enactments  against  it,  and  gave 
origin  to  the  term  poltroon, — a  coward,  a  dastard,  or  mean-spirited 
fellow. 

Conscripts  for  the  French  army  are,  by  a  circular  letter  of  1819. 


MUTILATION.  115 

to  be  finally  approved,  although  they  are  mutilated,  if  it  shall  appear 
that  the  mutilation  was  voluntary.  The  councils  of  revision 
examine  minutely  info  the  circumstances  of  each  case,  and  when  it 
appears  that  mutilation  has  been  effected  intentionally,  the  follow- 
ing observation  is  appended  to  the  departmental  list :  "  The  council 

is   satisfied    that  has  mutilated,  or  caused  himself  to  be 

mutilated,  for  the  purpose  of  evading  a  leoral  obligation."  These 
cases  are  directed  to  be  reported  to  the  minister  at  war,  who  gives 
directions  in  regard  to  their  future  destination. 

These  facts  show  the  importance  which  the  voluntary  mutilation 
of  conscripts  and  soldiers  obtained  both  under  the  Roman  govern- 
ment, and  also  at  present  in  France.  Until  lately,  the  British, 
soldier,  having  not  only  the  prospect  of  liberty,  but  also  of  an 
annual  pension,  had  a  greater  inducement  to  commit  this  crime 
than  the  conscripts  or  soldiers  of  either  of  these  countries,  and 
consequently  voluntary  maiming  was  at  one  time  practised  to  a 
considerable  extent.  During  a  period  of  four  years,  immediately 
previous  to  1829,  twenty-one  soldiers  were  pensioned  for  life  in 
Ireland,  in  consequence  of  being  disabled  by  the  explosion  of  their 
own  muskets.  The  disabilities  thus  occasioned,  invariably  con- 
sisted of  mutilations  or  injuries  of  the  right  or  left  hand.  That 
most,  if  not  all  of  these  cases  of  maiming  were  voluntarily  inflicted, 
hardly  adtnits  of  a  doubt.  It  cannot  have  escaped  the  notice  of 
officers  that,  when  a  soldier  meets  with  an  accident,  it  is  almost 
always  in  the  fingers,  and  many  more  mutilations  take  place  while 
men  are  on  furlough  living  with  their  friends,  whom  they  do  not 
wish  to  leave,  than  at  any  other  time. 

I  have  no  means  of  knowing  the  number  of  men  who  may  be 
annually  discharged  in  consequence  of  injuries  accidentally  re- 
ceived or  voluntarily  inflicted,  without  which  branch  of  information 
I  am  unable  fully  to  show  the  importance  of  the  subject  under 
consideration. 

Suicide,  which  is  the  highest  degree  of  mutilation,  is,  I  believe, 
more  frequent  among  soldiers  than  among  men  of  the  same  age  and 
rank  in  civil  life.  The  ratio  of  cases  of  self-murder  among  the 
cavalry  branch  of  the  service  has  been  found  to  amount  for  a  series 
of  years  to  one  suicide  out  of  20  deaths,  or  nearly  one  annually 
per  1000  of  the  strength.  It  is  obvious  that  this  statement  does  not 
comprehend  the  number  of  men  who  attempted  suicide,  but  merely 
the  cases  where  the  result  was  fatal. 

The  practice  of  maiming  has  been  so  frequent  in  some  regiments 
as  to  appear  epidemic.  The  author  belonged  to  a  regiment  in 
which  -nine  men  maimed  themselves  in  the  course  of  six  weeks, 
and  in  every  instance  the  injury  was  presumed  to  have  been  inflicted 
voluntarily.  The  explosion  of  their  own  muskets  was  the  plan, 
they  invariably  adopted  to  effect  their  purpose  ;  and  the  injury  was 
always  in  a  foot  or  a  hand.  They  all,  as  may  be  inferred,  attributed 
the  explosion  of  the  musket  to  accident,  and  not  to  design  ;  but 
one  man  who  maimed  himself  in  a  necessary,  found  much  difficulty 


115          MARSHALL  ON  THE  ENLISTING,  ETC.  OF  SOLDIERS. 

to  account  for  his  taking  a  loaded  musket  into  a  place  of  that  kind. 
Very  lately  when  —  —  regiment  was  at  Cork,  and  about  to 
embark  for  the  West  Indies,  four  of  the  men  made  their  appearance 
with  the  first  joint  of  the  thumb  of  the  right  hand  mutilated. 
Voluntary  mutilation  sometimes  takes  place  under  very  extraordi- 
nary circumstances,  even  during  a  conflict  with  an  enemy. 

During  the  insurrection  of  the  Kandians  in  1818,  a  private,  and 

a  tailor  by  trade,  belonging  to regiment,  and  who  had  been 

only  a  short  time  in  the  service,  was  on  sentry  a  little  in  advance 
of  a  post  occupied  by  British  troops,  and  while  on  this  duty  he  was 
occasionally  fired  at  by  the  enemy  from  the  surrounding  jungle. 
This  man  was  found  severely  wounded,  the  calf  of  the  left  leg 
being  greatly  torn,  the  whole  charge  of  a  musket  having  passed 
through  it.  He  attributed  the  wound  to  a  shot  from  the  enemy; 
but  the  black  charcoal  on  the  leg,  the  nature  of  the  injury,  and  the 
recent  explosion  of  his  own  musket,  told  a  different  tale.  He  was, 
along  with  other  men  of  the  regiment,  discharged,  and  received  a 
pension  of  sixpence  a-day.  When  I  was  on  duty  in  Edinburgh  as 
staff-surgeon,  (1823,)  a  pensioner  applied  to  me  to  report  on  his 
case,  in  consequence  of  an  alleged  aggravation  of  the  disability  for 
which  he  had  been  discharged,  with  a  view  of  moving  the  lords 
commissioners  of  Chelsea  hospital  to  increase  his  pension.  He 
complained  of  a  pectoral  affection  ;  but  1  learned  from  his  "instruc- 
tions," that  he  had  been  discharged  on  account  of  a  gunshot  wound 
in  the  leg,  the  cicatrix  of  which  he  uncovered  with  great  reluctance, 
and  by  this  means  I  recognised  my  old  patient  the  tailor.  He 
disappeared  without  repeating  his  solicitation  for  me  to  report  upon 
his  alleged  pectoral  complaint. 

In  the  course  of  about  three  years,  or  from  1819  to  1821,  inclu- 
sive, a  great  number  of  soldiers  belonging  to  the  Bombay  European 
regiment  and  artillery,  mutilated  themselves  principally  by  cutting 
off  a  thumb.  Sometimes  the  wrist-joint  of  the  right  arm  was 
destroyed  by  a  gunshot  wound.  At  first,  these  men  were  sentenced 
by  a  court-martial  to  undergo  severe  corporal  punishment.,  which 
they  received  previously  to  being  discharged  ;  but  this  measure  did 
not  arrest  the  progress  of  what  may  be  considered  an  epidemic. 
Subsequently  solitary  confinement  for  twelve  months  was  substi- 
tuted for  flogging,  and  apparently  with  good  effect,  and  examples 
of  mutilation  became  much  less  frequent  than  they  had  been 
formerly ;  the  long  protracted  period  which  elapsed  before  the  men 
•were  sent  home  was  supposed  to  have  had  a  greater  influence  in 
discouraging  mutilation  than  corporal  punishment. 

When  soldiers  are  tried  by  a  general  court-martial  for  maiming 
themselves,  the  result  is  sometimes  published  in  general  orders  in 
the  following  manner: 

G.  O.  28th  February,  1816. — At  a  general  court-martial,  private 
J.  Lennon,  of  his  majesty's  Royal  Scots,  was  arraigned  upon  the 
undermentioned  charges,  viz. 


MUTILATION.  117 

1st.  Highly  unsoldier-like  conduct,  in  wilfully  disabling  himself 
by  firing  a  musket  ball  through  his  left  hand  on  the  night  of  the 
23d,  or  morning  of  the  24th  instant. 

2d.  For  making  away  with  one  round  of  ball  cartridge  issued 
for  field  service, — camp  at  Akowla,  24th  September,  1815. 

Finding" — guilty — sentence,  to  forfeit  all  benefit  arising  from  his 
former  services,  and  to  receive  1000  lashes. — Confirmed. 

(Signed)  J.  HISLOP,  Lieut.- General 

The  26th  and  27th  articles  of  the  pensioning  regulations  of  1829 
direct,  that,  whenever  a  soldier  is  maimed,  the  circumstances  of  the 
case  are  to  be  investigated  by  a  court-martial,  and  when  it  shall 
appear  to  the  court  that  the  injury  in  question  was  the  effect  of 
design,  the  soldier  shall  not  be  discharged.  In  such  cases,  the 
evidence  of  a  medical  officer  in  regard  to  the  means  by  which  a 
wound  was  inflicted  will  very  generally  be  required,  and  his 
testimony  ought  invariably  to  be  given  with  much  caution  ;  for, 
notwithstanding  the  greatest  skill  and  attention,  he  will  sometimes 
find  it  not  an  easy  matter  to  satisfy  himself  respecting  the  cause  of 
the  injury.  A  careful  examination  of  the  wound,  aided  by  collateral 
circumstances,  will,  however,  in  rnauy  cases,  lead  to  a  satisfactory 
conclusion.  Very  few  individuals  who  mutilate  themselves  consider 
beforehand  in  what  manner  they  are  to  answer  the  questions,  how, 
when,  and  where  the  accident  happened,  and  to  explain  all  Ihe 

accessary  circumstances.  A  private  in regiment,  to  which 

the  author  belonged,  was  one  morning  dividing  the  meat  for  the 
different  messes  of  a  company,  when  he  cut  off  the  thumb  of  the 
left  hand.  The  mutilation  was  stated  to  be  the  result  of  accident, 
but  when  the  amputated  portion  of  the  thumb  was  examined,  a 
deep  incision  was  found  in  it,  obviously  showing  that  the  amputation 
must  have  been  voluntary,  and  that  it  had  not  been  accomplished 
by  the  first  stroke  of  the  cleaver. 

A  court-martial,  when  occupied  in  the  investigation  of  a  case  of 
maiming,  would  require  to  devote  great  attention  even  to  minute 
incidents,  for  voluntary  mutilation  occurs  sometimes  under  very 
remarkable  circumstances.  There  was  an  instance  of  voluntary 

mutilation  in regiment  not  long  ago.  A  soldier  attempted 

to  mutilate  a  thumb,  but  his  courage  failed  him,  and  the  operation 
was  effectually  concluded  by  his  wife.  A  soldier  who  was  at  the 
time  quartered  in  the  Dublin  depot  barracks  alleged,  that,  in  con- 
sequence of  falling  forwards  upon  a  fractured  glass  bottle  lying  at 
the  bottom  of  the  barrack  stair,  he  had  a  thumb  nearly  amputated  ; 
in  fact,  a  small  portion  of  skin  on  the  palmar  side  of  the  hand  was 
all  that  remained.  He  could  not  explain  why  the  thumb  should 
have  been  wounded  towards  the  back  of  the  hand  by  his  falling 
forwards, — he  received  300  lashes.  A  dragoon  asserted  that  his 
horse  bit  off  the  left  thumb  when  he  was  feeding  him,  but  the  traces 
of  blood  on  the  man's  sword  satisfactorily  demonstrated  that  a  more 
artificial  instrument  had  been  employed  than  a  horse's  teeth.  Dr. 


118         MARSHALL  ON  THE  ENLISTING,  ETC.  OF  SOLDIERS. 

Pal  lot  skives  an  account  of  a  soldier,  who,  intending  to  destroy  his 
eyes,  threw  a  quantity  of  sulphuric  acid  on  his  face,  but,  as  the 
eyelids  were  instinctively  closed  when  he  moved  his  hand,  the 
eyes  were  not  injured.  This  man  made  several  very  unsuccessful 
attempts  to  explain  by  what  means  the  acid  was  applied  to  his  face. 
In  countries  where  the  armies  are  recruited  by  conscription,  the 
mutilation  of  young  men  who  may  be  enrolled  for  military  service 
is  not  unfrequent;  but,  as  far  as  I  know,  the  following  circum- 
stance, which  marks  the  popular  dislike  to  the  army,  is  unique  in 
this  country. 

"  A  dissolute  son  of  a  widow,  at  Longashford,  some  time  since 
enlisted  as  a  soldier,  to  the  great  grief  of  his  parent,  who,  with  much 
difficulty,  succeeded  in  obtaining  his  release.  He  has  since  fre- 
quently threatened  to  take  the  same  step,  with  the  view  of  obtaining 
from  his  mother  any  object  he  desired.  On  Monday  he  came  home 
intoxicated,  and  his  mother,  believing  that  he  intended  to  carry  his 
threat  into  execution,  had  recourse  to  the  following  extraordinary 
expedient  for  its  prevention.  With  the  assistance  of  her  daughter, 
while  her  son  was  asleep,  she  bandaged  his  wrist  to  prevent 
hemorrhage,  and  the  daughter  having  placed  the  fore-finger  of  his 
right  hand  on  a  block,  the  mother  actually  chopped  it  off  with  a 
hatchet  a  liltle  beyond  the  first  joint." — United  Service  Gazette, 
12th  Nov.  1837. 

Perhaps  the  most  remarkable  investigation  which  ever  occurred 
in  regard  to  the  mutilation  of  soldiers  happened  at  Douane,  near 
Dresden,  19th  June,  1813.  After  the  battles  of  Lutzen  and  Bautzen, 
it  was  represented  to  Napoleon  that  a  great  number  of  the  wounded 
had  merely  lost  fingers,  or  had  their  hands  injured  by  musket-balls, 
and  suspicions  were  entertained  that  the  wounds  had  been  volun- 
tarily inflicted.  A  board  of  medical  officers  was  directed  by  the 
emperor  to  assemble  for  the  purpose  of  examining  2632  soldiers, 
each  of  whom  had  been  wounded  in  a  hand.  Barren  Larrey  was 
appointed  president  of  the  board.  The  examination  of  each  man 
was  made  with  great  care;  1st.  In  regard  to  the  disabling  effects 
of  the  wounds;  2dly.  In  regard  to  their  immediate  causes;  3dly. 
Respecting  the  circumstances  which  preceded  and  attended  the 
infliction  of  the  injuries. 

The  board,  after  mature  deliberation,  came  to  the  conclusion, 
that  it  was  impossible  to  distinguish  between  wounds  occasioned 
by  the  fire  of  an  enemy  and  injuries  voluntarily  inflicted,  and  con- 
sequently they  reported  that  there  was  no  satisfactory  evidence 
of  any  of  the  soldiers  under  examination  having  mutilated  them- 
selves. 

During  the  year  1833,  176  soldiers  in  the  French  army  were 
convicted  of  the  crime  of  voluntarily  mutilating  themselves,  being 
relatively  as  1  to  39  of  all  the  other  convictions,  and  actually  as  1 
in  2262  of  the  strength  of  the  army. 

Soldiers  commonly  maim  themselves  to  obtain  their  discharge, 


WOUNDS.  119 

and  sometimes  even  (o  become  convicts,  as  was  the  case  in  New 
South  Wales  a  few  years  ago.  The  men  were  ordered  to  he  kept 
in  the  regiment  to  which  they  belonged,  and  to  perform  the  duties 
of  scavengers.  "The  commanding  officer  lalely  complained  that 
he  had  six  or  seven  of  these  maimed  men,  who  were  a  dead  weight 
and  a  disgrace;  but  the  example  is  so  important,  that  the  com- 
mander-in-chief  has  directed  the  commanding  officer  to  keep  them 
as  long  as  they  live,  as  a  warning  to  others  to  avoid  the  same  fate." 
— (Evidence  of  ISir  Henry  Hardinge  before  the  Commissioners 
on  Military  Punishments.} 

When  regiments  are  kept  for  a  long  time  in  a  station  which  the 
soldiers  do  not  like,  they  sometimes  mutilate  themselves.  During 
the  last  century,  maiming  became  so  prevalent  among  the  troops 
stationed  in  Minorca,  as  'to  lead  to  an  investigation  by  parliament 
into  the  circumstances  to  which  it  was  attributable.  Major-General 
Anstruther,  who  was  then  lieutenant-governor,  in  his  examination 
before  the  lords,  being  desired  to  acquaint  the  house  with  some 
examples  of  the  despair  in  the  soldiers,  answered,  "There  have 
been  a  good  many  instances  of  soldiers  upon  that  island  shooting 
off  their  hands,  and  some  of  them  shooting  off  their  feet,  and  some 
of  them  shooting  themselves  through  the  head,  of  those  who  have 
been  longest  there,  by  which  your  lordships  will  observe  they  will 
incapacitate  themselves  from  earning  their  bread  at  home  rather 
than  continue  there."  The  9th  regiment  served  from  1719  to  1746, 
a  period  of  twenty-seven  years,  at  Minorca. 

0.  Wounds. — In  the  warrant  of  1829,  disabilities  arising  from 
wounds  received  in  action,  and  which  disqualify  soldiers  for  mili- 
tary duty,  have  been  arranged  under  four  classes  or  degrees,  each 
class  conferring  a  particular  rate  of  pension;  but  in  the  warrant  of 
1833  they  are  classed  under  three  heads.  I  am  not  aware,  how- 
ever, that  medical  officers  are  called  upon  to  give  an  opinion  in 
regard  to  the  class  to  which  a  man's  disability  entitles  him  to 
belong,  their  province  being  confined  to  a  decision  upon  the  dis- 
abling effect,  and  the  cause  of  an  infirmity.  Every  man's  state- 
ment in  regard  to  his  disabilities  and  consequent  claims  upon  the 
service  demands  a  candid  unbiassed  investigation:  but  the  opinion 
given  upon  the  disabling  effects  of  an  injury  must  be  founded  on  a 
knowledge  of  the  anatomy  and  functions  of  the  organs  implicated. 

A  medical  officer  will  require  to  exercise  much  discretion  in  re- 
gard to  the  alleged  cause  of  wounds,  as  also  in  regard  to  the  dis- 
abling effects  of  injuries.  Dr.  Hennen  informs  us  that  the  cicatrices 
of  common  ulcers  have  been  shown  as  gunshot  wounds,  and  he 
states  that  he  once  saw  the  mark  of  a  square  blister  pointed  out  as 
the  effect  of  contusion  from  a  ball.  1  was  once  requested  to  visit 
an  officer  for  the  purpose  of  dressing  a  gunshot  wound  of  the  left 
arm,  which  he  alleged  had  been  received  during  a  conflict  with  the 
enemy.  He  commanded  a  small  detachment  a  few  miles  in  ad- 
vance of  the  post  where  I  was  stationed,  and  left  his  party  in  order 
that,  as  he  stated,  I  might  examine  and  dress  his  wound.  Upon 


120         MARSHALL  ON  THE  ENLISTING,  ETC.  OP  SOLDIERS. 

inspecting  the  site  of  the  alleged  injury,  no  wound  could  be  dis- 
covered except  an  abrasion  of  the  cuticle,  about  the  size  of  a  large 
pea,  which  appeared  to  have  been  done  wilh  a  penknife.  Care  had 
been  taken  to  destroy  the  sleeve  of  the  jacket,  so  that  it  was  im- 
possible to  obtain  any  information  respecting  the  cause  of  the 
alleged  wound  by  examining  the  clothes.  I  recommended  the 
officer  to  return  forthwith  to  the  station  he  commanded,  and  he 
followed  my  advice. 

Soldiers  sometimes  calculate  largely  upon  the  credulity  of  medi- 
cal officers,  as  will  appear  by  the  following  instance. 

W.  Dempsy  was  approved  by  Dr.  John  Brown,  at  the  Dublin 
depot,  for  the  83d  regiment,  in  the  month  of  February  1813,  and 
transferred  in  the  usual  way  to  Dunbury  barracks,  the  quarters  of 
the  depot  of  the  regiment.  He  was  there  "surgically  rejected,"  in 
consequence,  as  stated,  of  having  a  " plate  inserted"  in  his  skull. 
According  to  Dempsy's  own  account  of  himself,  he  had  served  in 
the  Phosnix  frigate,  and  was  shipwrecked  in  her,  when  he  met 
with  an  accident  by  which  his  skull  was  fractured;  a  circumstance 
that  rendered  the  insertion  of  a  plate  necessary.  In  consequence 
of  this  fictitious  disability  he  was  discharged,  and  immediately  after 
a  letter  was  addressed  to  the  commander  of  the  forces  in  Ireland  by 
the  adjutant-general,  signifying  his  royal  highness'  "command,  that 
the  expenses  incurred  by  the  enlistment  of  William  Dempsy  must 
be  paid  by  Dr.  Brown,  who  does  not  appear  to  have  used  due  atten- 
tion in  the  examination  of  this  man;"  observing  at  the  same  time, 
that  Surgeon  Brown's  experience  might  have  taught  him,  that  in 
general  no  dependence  is  to  be  placed  on  the  assertion  of  those  who 
offer  themselves  as  recruits  in  the  Dublin  district;  and  that,  in 
order  to  guard  against  the  like  imposition  being  again  practised, 
and  to  avert  the  consequence  resulting  from  it,  he  will  no  doubt 
see  the  necessity  of  trusting  only  to  his  own  judgment,  and  of  not 
depending  upon  what  any  recruit  may  himself  advance.  The 
same  man  appeared  at  the  depot,  under  the  name  of  C.  Dempsy.  as 
a  recruit  for  the  12th  regiment,  on  the  18th  May  1813;  he  was 
recognised  by  Dr.  Brown,  who.  after  examining  him  carefully,  was 
of  opinion  that  his  skull  had  never  been  fractured.  He  was  next 
examined  by  the  army  medical  board,  whose  certificate,  attested  by 
the  signatures  of  Drs.  Harvey  and  Renny,  stated,  that  "  Dempsy  is 
fit  for  service,  as  every  part  of  the  skull  appears  at  present  to  be 
perfectly  firm  and  sound."  He  was  transferred  to  the  army  depot 
in  the  Isle  of  Wight. 

CLASS  VIII. — Diseases  find  Lesions  of  the  Lymphatic  System, 
and  of  the  Constitution  generally. 

1.  Scrofula. — Men  who  are  labouring  under  scrofulous  affec- 
tions are  occasionally  brought  forward  by  regimental  medical 
officers  for  the  purpose  of  bein?  discharged.  The  more  common 
symptoms  of  this  disease  are  great  enlargement  of  the  lymphatic 


CACHEXY,  121 

glands,  especially  of  the  neck,  which  is  sometimes  accompanied  by 
a  tuberculous  disorganisation  with,  or  without,  on  ulceration  of  the 
parts  affected,  sinous  ulcers,  swelled  joints,  &.c.  As  the  general 
health  of  persons  who  suffer  under  the  external  symptoms  of  scro- 
fula is  seldom  good,  they  rarely  become  efficient  soldiers.  Well- 
marked  scrofula,  when  the  symptoms  disable  a  man  for  duty,  is  an 
adequate  cause  for  discharging  him  from  the  service,  even  although 
the  disease  is  not  of  long  standing. 

2.  Cachexy. — Under  this  head  a  considerable  number  of  men  are 
discharged  from  the  service.  The  origin  of  the  alleged  inefficiency 
is  usually  attributed  to  organic  disease,  sometimes  indicated  by 
emaciation,  and  other  symptoms  of  marasmus.  The  existence  of 
visceral  disease  may  be  ascertained,  in  so  far  as  pathological  facts 
can  be  appreciated,  by  means  of  percussion,  auscultation,  pressure, 
the  aspect  of  the  person  under  examination,  and  by  the  history  and 
duration  of  the  disease.  The  term  cachexy  comprehends  a  great 
variety  of  disabilities,  including  those  occasioned  by  disease  con- 
tracted in  tropical  climates,  together  with  the  disabilities  which 
result  from  syphilis,  or  the  remedial  means  adopted  for  its  cure,  and 
that  numerous  class  of  physical  and  moral  infirmities  which  accom- 
pany an  abuse  of  ardent  spirits.  The  diseases  of  tropical  climates 
frequently  occasion  extensive  organic  derangement,  which  injures 
the  functions  of  the  viscera,  and  often  permanently  impair  the 
health  and  efficiency  of  soldiers  who  are  its  victims,  and  many  a 
soldier  who  would  enjoy  good  health  and  be  efficient  in  every  re- 
spect, destroys  his  constitution  by  habits  of  intemperance,  and  dis- 
qualifies himself  for  the  army.  A  moral  disease  of  so  intractable  a 
nature  as  drunkenness,  and  one  so  intimately  connected  with  phy- 
sical disability,  frequently  incapacitates  a  man  for  military  duties, 
and  therefore  is  too  often  an  adequate  cause  of  discharge  from  the 
army.  Tfiis  observation  must,  however,  be  limited  to  extreme 
cases,  and  particularly  to  men  who  are  frequently  in  hospital  on 
account  of  the  consequences  of  habits  of  intemperance,  and  who 
are  found,  after  long  trial,  to  be  incorrigible  drunkards. 

By  the  abolition  of  an  indiscriminate  issue  of  spirit- rations  to 
soldiers  on  board  ship  and  in  foreign  stations,  one  important  ex- 
citement to  habitual  intemperance  among  them  has  been  removed. 
So  long  as  a  quantity  of  spirits  (amounting  in  India  to  the  twentieth 
of  a  gallon)  formed  part  of  the  regular  diet,  or  daily  ration  of  a  sol- 
dier, which  he  was  obliged  to  swallow  or  throw  away,  what  rational 
hope  could  be  entertained  that  the  exertions  of  commanding  officers, 
however  well  directed,  would  have  much  influence  in  preventing 
habits  of  inebriety  among  the  men  under  his  command — more 
especially  in  countries  where  spirits  were  cheap,  and  easily  pro- 
cured by  soldiers?  The  daily  use  of  spirits  is  not  necessary  for 
the  efficiency  or  health  of  troops  in  any  climate,  and  the  abuse  of 
spirituous  liquors  is  a  fertile  source  of  inefficiency,  disabilities,  dis- 
ease, and  crimes,  both  moral  and  military.  To  swallow  nearly 
half  a  pint  of  spirits  daily  was,  until  the  abolition  of  spirit-rations, 


122          MARSHALL  ON  THE   ENLISTING,  ETC.  OF  SOLDIERS. 

a  part  of  the  duty  of  a.  soldier;  and  that  this  duty  might  be  effectu- 
ally executed,  it  was  the  usage  of  the  service  in  many  stations  to 
have  it  performed  under  the  immediate  superintendence  of  a  com- 
missioned officer,  who  certified  to  his  commanding  officer  that  he 
had  actually  seen  each  man  drink  his  drams.  Perhaps  a  more 
successful  plan  of  converting  temperate  men  into  drunkards  could 
not  have  been  invented.  It  would  be  difficult  to  speak  too  highly 
of  the  discrimination  of  Sir  Henry  Hardinge,  in  perceiving  and 
appreciating  the  evils  of  the  practice,  and  of  his  firmness  and  judg- 
ment in  remedying  the  abuse. 

For  temporary  purposes,  such  as  to  evade  a  duty,  and  to  obtain 
sick  leave  from  a  foreign  station,  cachexia  or  general  bad  health  is 
sometimes  simulated  by  swallowing  nauseating  medicines,  such  as 
a  solution  of  tartar  emetic,  &c.  A  medical  officer  informed  me 
that  he  succeeded  in  feigning  sickness  so  as  to  obtain  leave  of 
absence  from  the  West  Indies,  by  indulging  freely  in  wine,  and 
depriving  himself  of  sleep  for  two  or  three  nights  immediately  be- 
fore the  day  he  was  to  be  examined  by  a  medical  board;  his  dis- 
ordered attire,  unshaven  chin,  sunken  eye,  depressed  lower  jaw, 
pale  and  contracted  countenance,  tight  clothing,  aided  by  a  pair 
of  excessively  large  boots,  which  he  borrowed  from  a  friend,  so 
changed  his  usual  appearance,  that  he  was  scarcely  recognisable 
by  his  acquaintance.  The  board  decided  at  once  that  he  should 
have  leave  to  proceed  to  England. 

3.  Dropsies. — The  number  of  men  discharged  from  the  service 
under  this  head   is  considerable,  being,  according  to  the  circular 
letter  of  22d  January  1830,  rather  more  than  50  annually.     As  the 
diseases  of  which  dropsy  is  frequently  only  a  symptom  are  rarely 
long  protracted,  it  becomes  the  duty  of  a  medical  officer  to  deliberate 
whether  a  man  thus  affected  should  not  be  accommodated  in  hos- 
pital until  the  issue  of  his  case  be  determined. 

4.  Worn  out. — On  the  19th  August.  1823,  a  warrant  was  issued 
from  the  war  office,  which  authorised  the  admission  of  soldiers  on 
the  pension  list,  who  had  been  dischaged  and  had  claims  to  the 
out-pension  arising  from  service  alone,  without  personally  appear- 
ing before  the  commissioners  of  Chelsea  Hospital,  and  as  it  does 
not  appear  to  have  been  necessary  to  assign  a  specific  disability  for 
a  man's  unfitness  for  further  service  in  his  discharge,  the  indefinite 
term  "worn  out"  was  very  generally  adopted.     When  the  term  in 
question  was  applied  to  men  who  had  served  above  14  or  21  years 
in  the  infantry,  or  above  17  and  24  in  the  cavalry,  the  periods 
when  pensions  might    be   granted,   its  meaning  was  pretty  well 
understood;  but  when  it  was  employed  in  the  case  of  men  who 
were  discharged  after  very  short  service,  and  in  consequence  of 
being  disabled  by  disease,  it  conveyed  no  specific  information.  The 
warrant  of  18^3,  (which  was  cancelled  by  the  warrant  of  the  14th 
November  1829,)  excited  a  very  general   belief  in  the  army  that  a 
soldier  had  a  right  to  claim  to  be  discharged,  and  to  receive  a  pen- 
sion after  serving  a  certain  number  of  years,  even  although  he  had 


PALSY. 


123 


enlisted  for  unlimited  service,  or,  in  other  words,  engaged  to  serve 
until  fie  was  discharged.  By  the  warrant  of  1829,  the  disease  or 
cause  of  incapacity  of  every  man  who  is  proposed  to  be  discharged 
on  account  of  unfitness  for  service  is  directed  to  be  specifically 
stated  by  a  medical  officer,  for  the  purpose  of  being  transmitted  to 
the  general  commanding  in  chief,  without  whose  authority  no  man 
is  to  be  discharged.  When  a  man  wishes  to  leave  the  army,  he 
endeavours  to  establish  a  claim  for  his  discharge  from  the  service, 
by  alleging  that  he  suffers  under  some  disabling  infirmity;  and  if  a 
soldier  has  served  21  years  in  the  infantry,  or  24  years  in  the 
cavalry,  medical  officers  are  commonly  very  much  disposed  to  give 
ample  credit  to  his  statement.  The  ratio  of  men  who  are  serving 
in  the  infantry  of  the  line  abore  21  years  service  is  very  low,  being 
about  from  two  to  three  per  cent.  This  circumstance  may  depend 
upon  two  causes,  first,  the  men  may  be  disabled  or  "worn  out"  by 
that  period  of  service,  or,  secondly,  because,  by  the  pensioning 
regulations,  every  man  enlisted  before  the  14th  of  February  1833, 
who  is  discharged  on  account  of  the  public  service,  in  other  words, 
in  consequence  of  unfitness  for  service,  after  having  served  the 
respective  periods  of  21  and  24  years,  is  entitled  to  a  pension  for 
life.  When  an  old  soldier  wishes  to  leave  the  service,  he  is  not  in 
general  long  in  attaining  his  object.  The  Romans  appear  to  have 
been  very  careful  that  none  but  really  inefficient  soldiers  should  be 
discharged  as  disabled  for  military  service.  Bruce,  in  his  Institutes 
of  Military  Law.  states,  "  That  dismission  on  account  of  age,  in- 
firmity, <fec.  was  not  lightly,  nor  of  course  granted  by  the  Roman 
generals.  For  before  it  could  be  competent,  there  behooved  to  pro- 
ceed a  solemn  declaration  of  physicians  that  the  person  was  utterly 
unfit  for  further  service.  And  if  thereafter  it  was  discovered  that 
the  dismission  was  obreptitiously  procured,  the  impetrant  was  or- 
dained to  be  heavily  fined." 

CLASS  IX. — Diseases  and  Lesions  of  the  Nervous  System. 

1.  Palsy,  partial  or  general. — Palsy  is  usually  indicated  by  a 
diminution  or  abolition  of  the  muscular  power,  with  a  partial  or 
total  loss  of  sensation  in  the  part  affected.  When  a  soldier  has 
been  under  treatment  on  account  of  this  disease  in  an  extremity 
for  a  few  months  without  success,  little  hope  can  be  entertained 
that  he  will  ever  become  fit  for  military  duty,  and.  consequently, 
he  may  be  recommended  to  be  discharged.  The  first  and  principal 
object  is  to  ascertain  whether  the  disease  exists,  for  when  no  doubt 
is  entertained  of  the  existence  of  palsy,  the  man  may  be  considered 
unfit  for  the  army. 

Palsy  is  easily  and  frequently  simulated,  and,  in  many  instances, 
considerable  difficulty  exists  in  determining  whether  an  alleged  dis- 
ability of  this  kind  is  real  or  feigned.  Hemiplegia  and  paraplegia 
are  both  occasionally  simulated;  but  loss  of  the  power  of  an  arm  is 
that  variety  of  palsy  which  is  most  frequently  feigned.  In  feigned 


124  MARSHALL  ON  THE  ENLISTING,  ETC.  OF  SOLDIERS. 

palsy,  as  in  the  simulation  of  almost  all  other  disabilities,  impostors 
are  apt  to  overact  their  parts,  and  to  enumerate  incompatible  symp- 
toms. 

I  recollect  examining  a  man  who  belonged  to  the regiment 

of  light  dragoons,  who  was  proposed  to  be  discharged  in  conse- 
quence of  hemiplegia  of  ihe  right  side.  He  stated,  that  imme- 
diately afier  a  fall  from  his  horse,  he  had  lost  the  power  of  the  right 
arm  and  leg.  His  health  was  obviously  good,  his  limbs  muscular 
and  firm;  the  right  arm  hung  like  a  pendulum  by  his  side,  but 
when  1  flexed  the  elbow  joint,  he  forgot  to  let  the  fore-arm  fall  to 
its  original  position;  indeed,  he  thought  it  necessary  to  resist  for  a 
tirn<*  a  slight  attempt  to  straighten  it.  The  appearance  of  the  man 
rendered  the  existence  of  the  alleged  disease  doubtful,  and  the  in- 
compatible symptom  of  contracting  the  arm  satisfied  me  that  it  was 
simulated.  The  man  in  question  committed  a  mistake  which  is 
very  frequently  made  by  the  simulators  of  palsy;  they  are  not  com- 
monly aware  that  paralytic  limbs  are  very  pliant,  and  occasionally 
offer  some  resistance  when  any  attempt  is  made  to  bend  them.  A 
healthy  arm  trembles  when  a  heavy  weight  is  appended  to  it — a 
circumstance  which  does  not  take  place  when  it  is  paralytic. 

Paraplegia  is  sometimes  simulated,  and  the  most  uncomfortable 
condition  endured  with  martyr-like  perseverance. 

A  man  belonging  to  the  Cavan  militia  alleged  that  he  had  lost 
the  power  of  his  inferior  extremities,  was  recommended  to  be  dis- 
charged on  account  of  palsy,,  by  Dr.  Harvey,  physician  to  the 
General  Hospital,  Dublin.  Having  received  his  discharge  and  the 
balance  of  his  pay,  he  hired  a  car  and  was  driven  in  it  to  the 
Phoenix  Park,  where  the  Cavan  militia  was  at  exercise.  Upon 
approaching  the  corps  he  threw  away  a  pair  of  crutches  which  he 
had  long  used,  and  bounded  like  a  deer  for  some  time  in  front  of 
the  line,  and  after  slapping  his  breech,  scampered  off  as  fast  as  he 
could.  The  object  of  some  impostors  appears  to  be  incomplete, 
until  they  have  effectually  demonstrated  to  their  comrades  that 
their  alleged  disabilities  were  simulated. 

A  man  belonging  to  the  10th  regiment,  while  it  was  serving  in 
the  Mediterranean,  asserted  that  he  had  lost  the  power  of  his  in- 
ferior extremities,  and  underwent  hospital  discipline  for  two  years. 
at  the  end  of  which  period  the  existence  of  any  real  disability  was 
still  doubted.  As  a  final  trial,  the  medical  officer  directed  him  to 
be  confined  in  a  room,  containing  a  shelf  amply  stored  with  pro- 
visions, which  he  could  easily  reach  by  standing  on  his  legs,  but 
not  otherwise.  The  food  remained  untouched  at  the  end  of  forty- 
eight  hours,  and,  as  it  was  not  deemed  advisable  to  prolong  the 
experiment,  he  was  included  in  the  list  of  invalids,  and  carried  on 
board  a  transport  bound  for  England.  Before  the  ship  sailed,  an 
alarm  was  given  about  midnight  that  she  was  on  fire;  every  one 
on  board  hurried  into  a  boat  alongside,  and  after  reaching  the  quay 


PALSY.  125 

the  passengers  were  mustered,  when  it  was  found  that  the  alleged 
paralytic  cripple  had  not  only  succeeded  in  saving  himself,  bnt  he 
had  brought  his  trunk  also  on  shore  with  him.  He  was  se  it  back 
to  the  ranks. 

I  am  indebted  to  a  very  talented  and  experienced  medical  officer, 
Mr.  Gulliver,  assistant-surgeon.  Royal  Horse  Guards,  for  the  ftl- 
lowing  case  of  simulated  paraplegia. 

Private  James  Bell,  37th  regiment,  while  the  corps  was  stationed 
in  Jamaica,  alleged  that  he  had  received  an  injury  on  the  loins, 
which  was  followed  by  total  loss  of  power  of  the  lower  extremities. 
He  was  sent  home,  and  admitted  into  Fort  Pitt  hospital,  where  it 
was  soon  presumed  that  the  disability  was  feigned.  Bell  was  a 
robust,  healthy  man;  he  moved  from  place  to  place  by  means  of 
crutches,  at  the  same  time  dragging  his  legs  on  the  ground,  and 
when  they  were  touched,  he  bellowed  and  roared  with  all  the  force 
he  was  able.  When  the  crutches  were  taken  from  him,  he  re- 
mained with  a  kind  of  dogged  stupidity  in  one  place,  deploring  his 
condition,  and  shedding  abundance  of  tears.  Mr.  Gulliver,  who 
had  the  charge  of  Bell,  had  occasion  to  send  for  his  patient  to  the 
ward  he  was  in,  when  the  alleged  paralytic  cripple  was  brought  to 
him  between  two  orderlies,  round  whose  necks  he  supported  him- 
self, with  his  thighs  drawn  up  to  the  abdomen,  and  his  heels  nearly 
touching  his  buttocks.  This  circumstance  was  quite  satisfactory 
in  proving  that  he  had  not  lost  the  motive  power  of  the  muscles  of 
the  inferior  extremities;  but  he  would  not  give  in,  and  he  was 
forwarded,  in  the  usual  way,  to  Chelsea  to  be  discharged.  Bell 
had  been  in  the  service  for  about  nine  years,  a  space  of  time  which 
he  had  spent  chiefly  in  different  hospitals. 

When  a  malingerer  possesses  adequate  fortitude  to  endure  the 
uneasiness  occasioned  by  the  remedial  means  directed  by  a  medical 
officer,  together  with  the  irksomeriess  of  hospital  discipline  for  a 
considerable  time,  he  will  in  general  succeed  in  obtaining  the  com- 
mon object  of  simulators — a  discharge  from  the  service.  In  many 
instances  it  becomes  a  trial  of  patience  between  the  surgeon,  the 
commanding  officer  of  a  regiment,  and  the  simulator ;  so  that  de- 
tection, or  what  may  be  called  conviction,  frequently  fails  in  making 
an  impostor  return  to  his  duty.  The  success  of  some  impostors  is 
so  surprising  as  almost  to  exceed  belief;  for  example,  the  following 
case,  which  rests  on  the  most  undoubted  testimony. 

Private  Reilly,  belonging  to  -  —  regiment,  having  been  de- 
tached from  the  corps  while  it  was  employed  in  the  Deccan  (1819), 
complained  that  he  had  lost  the  power  of  his  left  side,  which  was 
alleged  to  have  been  occasioned  by  wet  and  cold,  to  which  he  had 
been  exposed  during  the  monsoon  winds.  He  was  accommodated 
with  a  dooly,  a  species  of  palanquin,  and  for  eight  months  he  was 
carried  along  with  the  troops  in  the  field,  there  being  no  good 
opportunity  all  that  time  of  sending  him  to  the  rear.  At  the  con- 
8 — c  9  mar 


126  MARSHALL  ON  THE  ENLISTING,  ETC.  OF  SOLDIERS. 

elusion  of  the  war  he  joined  the  head-quarters  of  the  corps  to 
which  he  belonged,  and  came  under  the  care  of  the  medical  officers 
belonging  to  it,  who  knew  Reilly.  After  a  careful  examination  by 
the  surgeon  and  assistant -surgeon,  they  concluded  that  his  alleged 
disability  was  simulated.  He  was  then  informed  of  the  opinion 
entertained  of  his  case,  and  also  that  he  would  be  allowed  till 
twelve  o'clock  on  the  following  day  to  deliberate  whether  he  would 
then  return  to  his  duty  or  be  brought  before  a  court-martial.  He 
did  not  seem  to  decide  until  very  near  to  the  hour  named,  when 
he  left  the  hospital  and  proceeded  to  the  barracks.  He  continued 
at  his  duty  till  the  drafting  of  the  men  in  1822,  when  the  corps 
returned  to  Europe,  and  he  was  transferred  to  another  regiment, 
lieilly  must  have  had  a  much  higher  opinion  of  the  liberality  and 
kindness  of  the  medical  officer  who  accommodated  him  with  a 
dooly  for  so  long  a  period  than  of  his  professional  skill  and  dis- 
crimination. 

Partial  palsy,  such  as  the  loss  of  the  power  of  an  arm,  is  much 
more  frequently  feigned  than  either  hemiplegia  or  paraplegia. 

A  private  belonging  to  the  44th  regiment  alleged  that  he  had 
fallen  asleep  in  the  open  air,  and  that  when  he  awoke  he  had  lost 
the  power  of  the  right  arm.  Mr.  Jones,  assistant  inspector  of  hos- 
pitals, who  was  then  surgeon  to  the  corps,  was  satisfied  that  the 
disability  was  feigned,  and  reported  the  circumstance  to  the  com- 
manding officer.  The  man  was  tried  by  a  court-martial,  and  sen- 
tenced to  receive  300  lashes,  but  the  sentence  was  not  carried  into 
effect.  Shortly  after  the  trial,  he  was  transferred  to  the  general 
hospital,  Dublin,  and  placed  under  the  care  of  the  late  Dr.  Cheyne, 
who  states  in  his  letter  to  Dr.  Renny,  with  reference  to  this  case, 
"That,  after  due  consideration,  I  concurred  in  the  opinion  of  the 
surgeon,  that  this  man  was  an  impostor,  and  prevented  him  from 
being  discharged.  I  tried  various  remedies,  and  among  the  rest, 
sharp  shocks  of  electricity,  which  he  bore  with  great  resolution. 
At  last,  finding  that  he  made  no  impression  upon  me,  and  that 
my  report  would  be  an  unfavourable  one,  he  gave  in.  We  came 
to  this  compromise;  he  agreed  to  return  to  his  duly,  and  I  under- 
took to  use  my  influence  in  preserving  him  from  punishment." 
This  man  rejoined  the  regiment,  and  made  several  other  unsuc- 
cessful attempts  to  feign  disabilities,  probably  with  the  view  of 
avoiding  embarkation  for  India.  Determined,  however,  to  effectu- 
ally disqualify  himself  for  the  service,  he  placed  his  right  hand 
before  ttie  wheel  of  a  bnggage  wagon,  by  which  means  some  of  the 
bones  were  fractured.  He  was  again  foiled;  he  accompanied  his 
regiment  to  India,  and  the  functions  of  the  hand  became  so  far 
restored  as  to  enable  him  to  perform  the  usual  duties  of  a  soldier. 

The  courage  and  coolness  with  which  some  impostors  resolve 
to  brave  pain  is  very  remarkable.     A  private  belonging  to  - 
regiment  complained  that  he  had  lost  the  power  of  his  right  arm, 
but,  from  the  absence  of  any  physical  evidence  of  disease,  the 


PALSY.  127 

medical  officer  considered  him  a  malingerer,  and  tried  various  means 
to  induce  him  to  return  to  his  duty,  hut  without  success.  With  the 
view  of  intimidating  him,  a  proposal  was  made  to  amputate  the 
arm,  and,  in  prosecution  of  this  object,  an  unusual  degree  of  so- 
lemnity was  observed  on  the  occasion.  All  the  surgical  instruments 
which  could  he  collected  were  exhibited;  but,  nothing  daunted,  he 
allowed  himself  to  he  conducted  to  the  chair  preparatory  to  the 
operation.  The  tourniquet  was  put  on,  and  the  amputating  knife 
placed  under  his  arm  ready  to  make  an  incision.  He  sat  unmoved; 
the  surgeon  was  puzzled,  and  made  the  best  excuse  he  could  for 
postponing  the  operation.  Being,  however,  still  impressed  with  the 
opinion  that  the  arm  was  not  disabled,  he  resolved  to  attempt  an- 
other means  of  conviction.  He  recommended  change  of  air  for 
some  of  his  patients,  and  among  others  the  case  of  alleged  palsy. 
To  reach  the  place  where  the  surgeon  professed  he  intended  to 
convey  the  sick,  it  was  necessary  to  cross  a  river  in  a  boat.  The 
party  embarked,  accompanied  by  the  surgeon,  who,  by  a  precon- 
certed signal,  directed  the  boatman  to  throw  the  man  in  question 
(who  he  knew  was  a  good  swimmer)  into  the  river.  After  a  little 
time  he  seemed  to  be  much  exhausted  from  the  exertions  necessary 
to  keep  himself  afloat  by  means  of  his  left  arm  only.  The  surgeon 
became  alarmed,  and  had  resolved  to  take  his  patient  on  board, 
when  he  uttered  an  oath,  and  struck  out  vigorously  with  both 
arm.".  The  evidence  was  conclusive. 

Experience  teaches  us  that  moral  means  are,  in  general,  the  most 
effectual  in  moving  simulators  of  disabilities  to  return  to  their  duly. 
When  a  schemer  has  been  deprived  of  hope,  and  has  a  safe  retreat 
left  open  to  him,  he  is  prepared  to  report  favourably  of  the  influence 
of  remedial  measures.  During  the  temporary  absence  of  the  sur- 
geon of regiment,  a  number  of  men  were  admitted  into  hos- 
pital on  account  of  alleged  disabilities,  mostly  of  a  character  calcu- 
lated to  disqualify  them  for  the  service.  In  a  few  days  the  surgeon 
made  up  his  mind  in  regard  to  the  case  of  each  of  the  men.  He 
then  called  them  together,  and  observed,  that  he  was  well  aware  of 
their  motives  for  being  admitted  into  hospital,  and  concluded  by 
stating  to  all  and  each  of  them  as  follows: — "The  state  of  your 
health  does  not  require  the  use  of  medicines,  and  none  shall  be  ex- 
pended upon  you.  Rest  assured,  that  so  long  as  I  belong  to  this 
regiment,  not  one  of  yon  shall  be  discharged,  unless  I  think  he  is 
really  disabled."  They  knew  he  would  keep  his  word  ;  and,  in 
the  course  of  a  short  period,  they  one  by  one  all  reported  them- 
selves n't  for  duty. 

Palsy  is  occasionally  pretended  by  ont-pensioners,  who  wish  to 
obtain  a  higher  pension  than  that  which  they  receive.  Applications 
for  an  increased  pension  will  not  be  attended  to,  without  a  report 
by  a  medical  officer  respecting  the  alleged  disability;  and  conse- 
quently the  pensioners  usually  apply  to  a  staff  surgeon  for  that  pur- 
pose. An  applicant  of  this  kind  presented  himself  to  me  while  I 
was  employed  in  Dublin,  who  stated  that  he  had  palsy  of  the  right 


128          MARSHALL  ON  THE  ENLISTING,  ETC.  OF  SOLDIERS. 

leg.  I  desired  him  to  stand  upon  bis  left,  and  to  push  forward  his 
right  lea;  a  measure  he  asserted  was  beyond  his  power.  He  was 
next  desired  to  stand  upon  his  right  leg,  and  to  push  forward  his 
left,  and  in  an  instant  his  leg  was  projected  to  its  full  extent.  This 
circumstance  satisfied  me  that  he  was  feigning  a  disability.  He 
completely  forgot  that  the  force  employed  in  the  experiment  was 
chiefly  exerted  by  the  quiescent  extremity. 

In  cases  of  feigned  disabilities  of  a  chronic  character,  as  palsy, 
contractions,  &c.,  medical  measures  should  rarely  or  never  be  em- 
ployed. By  treating  a  simulator  of  this  class  of  disabilities  actively, 
we  are  apt  to  impress  him  with  the  opinion  that  he  has  succeeded 
in  masking  his  plan — in  fact,  that  a  medical  officer  believes  his  in- 
firmities are  real  and  not  feigned.  Influenced  by  this  opinion,  he 
presumes  that  nothing  but  patience  and  fortitude  are  required  to 
bring  his  imposture  to  a  favourable  issue.  In  proportion  as  he 
thinks  he  has  borne  much,  he  presumes  he  has  the  less  to  endure. 

2.  Epilepsy. — Under  the  head  of  "epilepsy  and  palsy,"  about 
70  or  80  men  are  discharged  annually  from  the  army.  (Circular, 
22d  January,  1830).  The  consideration  of  this  disability  is  ob- 
viously therefore  of  some  importance.  Epilepsy  appears  under  very 
different  degrees  of  severity;  in  some  cases  a  paroxysm  consists  of 
little  more  than  an  uneasy  feeling  in  the  head,  which  may  not  last 
above  two  or  three  seconds  or  minutes;  the  common  length  of  a 
paroxysm  is,  however,  about  from  ten  to  fifteen  minutes.  The  fre- 
quent or  even  an  occasional  paroxysm  of  epilepsy  is  commonly 
considered  an  adequate  cause  for  recommending  a  man  to  be  dis- 
charged. It  is  an  important  point,  therefore,  to  verify  a  liability  to 
the  disease,  more  especially  as  attempts  are  occasionally  made  to 
simulate  it. 

The  leading  indication  of  a  well  defined  or  well  marked  parox- 
ysm of  epilepsy  is  loss  of  sense,  which  is  commonly  accompanied 
with  involuntary  contraction  of  the  muscles  of  the  whole  body. 
The  symptoms  come  on  suddenly,  and  the  person  affected  falls  to 
the  ground,  the  face  becomes  swelled,  and  the  countenance  livid, 
general  convulsions  supervene,  the  eyes  and  muscles  of  the  face 
are  greatly  distorted,  and  the  head  is  commonly  bent  backwards. 
During  a  paroxysm  an  epileptic  grinds  his  teeth,  and  foam  gathers 
round  his  mouth,  the  thumbs  are  grasped  in  the  hands,  and  fre- 
quently the  contents  of  the  bladder  and  rectum  are  discharged. 
The  pulse  is  generally  not  very  quick,  and  the  skin  is  cooler  than 
might  be  expected  from  the  muscular  agitation. 

Epilepsy  is  not  nn frequently  simulated,  and  much  care  and  cau- 
tion is  required  to  distinguish  a  paroxysm  of  the  disease  from  a 
mere  imitation  of  it.  In  regard  to  suspected  epileptics,  and  inderd 
with  respect  to  every  doubtful  case  of  disability,  the  obvious  duty 
of  a  medical  officer  is  to  free  himself  to  the  utmost  of  his  power 
from  every  bias,  whether  it  be  in  favour  of  or  against  the  statements 
of  an  individual.  He  should  simply  endeavour  to  discover  the 
truth,  without  being  afraid  to  find  a  man  guilty,  or  without  enter- 


EPILEPSY.  129 

taining  a  wish  that  the  person  under  examination  may  be  detected 
as  an  impostor. 

In  a  feigned  paroxysm  of  epilepsy,  the  muscular  contortions  of 
different  parts  of  the  body  do  not  commonly  occur  simultaneously. 
Thus  the  superior  extremities  may  be  in  motion,  while  the  inferior 
are  at  rest.  When  the  hands  are  forced  open,  they  are  quickly 
clenched  again;  whereas,  in  the  real  disease,  they  commonly  re- 
main extended,  and  as  inflexible  as  a  piece  of  wood.  If  an  impos- 
tor be  narrowly  watched,  he  will  be  found  to  open  his  eyes  occa- 
sionally, for  the  purpose  of  observing  what  effect  his  acting  produces 
upon  spectators.  An  impostor  can  easily  counterfeit  a  number  of 
phenomena  which  may,  by  inexperienceid  persons,  be  considered 
indicative  of  epilepsy — such  as  violent  muscular  motions;  rolling 
of  the  eyes;  sighing;  suppressed  cries;  grinding  of  the  teeth;  foam 
at  the  mouth;  discharge  from  the  bladder,  <fcc.  &c. — but  he  is  not 
able  to  distort  the  muscles  of  the  face  like  a  person  suffering  under 
epilepsy,  to  render  the  iris  insensible  to  light,  or  to  evince  a  total 
abolition  of  sense. 

The  impostor  commonly  selects  a  place  where  he  is  likely  to 
play  off  his  tricks  to  the  greatest  advantage,  and  with  the  least  in- 
convenience to  himself.  He  is  also  not  inattentive  as  to  the  time 
when  a  fit  may  be  enacted  with  due  effect,  which  is  in.  general  about 
the  period  when  a  medical  officer  is  likely  to  be  in  the  way  to  see 
him. 

Malingerers  are  commonly  much  more  successful  in  counterfeit- 
ing the  accession  and  violent  symptoms  of  a  paroxysm  than  the 
stage  of  recovery.  They  seem  often  to  have  carefully  studied  the 
phenomena  of  an  early  period  of  a  paroxysm,  while  the  symptoms 
which  accompany  a  decline  of  the  fit  seems  to  have  escaped  atten- 
tion. The  symptoms  of  epilepsy  disappear  gradually,  and  are  fol- 
lowed by  sleep;  but  when  the  phenomena  are  counterfeited,  they 
commonly  terminate  abruptly,  and  the  sleeping  stage  is  omitted. 

An  insensibility  to  external  agents  is,  however,  the  most  decided 
proof  that  can  be  obtained  in  regard  to  the  existence  of  epilepsy, 
for,  during  a  paroxysm,  sensation  is  totally  suspended ;  hence,  if 
any  evidence  of  sense  be  excited  by  stimulants,  it  may  generally 
be  inferred  that  the  symptoms  are  counterfeited.  For  the  purpose  of 
probation,  a  variety  of  stimuli  have  been  applied  to  different  senses, 
of  which  a  few  may  be  mentioned: 

Smelling. — Snuff  blown  up  the  nostrils — hartshorn  applied  to 
the  nose — tickling  the  nose  with  a  straw. 

Tasting. — Common  salt,  in  the  quantity  of  a  table-spoonful,  has 
obtained  great  celebrity  as  a  means  of  cutting  short  a  fit  of  epilepsy, 
and  there  can  be  no  doubt  that  it  has  gained  this  character  in  con- 
sequence of  its  having  been  exhibited  to  a  person  who  was  counter- 
feiting epilepsy.  Salt  possesses  peculiar  advantages  for  the  purpose 
intended:  it  is  safe,  easily  obtained,  and  tolerably  effectual.  When 
a  spoonful  of  salt  is  introduced  into  the  mouth,  and  insinuated 


130          MARSHALL  ON  THE  ENLISTING,  ETC.  OF  SOLDIERS. 

between  the  lips  and  teeth  of  an  impostor,  he  soon  shows  that  he 
possesses  the  sense  of  taste,  and  endeavours  to  spit  it  out. 

Hearing  and  feeling. — A  proposal  to  apply  the  actual  cautery 
(a  hot  iron)  to  the  skin,  is  frequently  followed  by  a  rapid  recovery, 
when  a  paroxysm  is  counterfeited.  A  still  more  effectual  means 
may  be  resorted  to,  when  necessary,  by  proposing  to  pour  boiling 
water  from  a  kettle  on  a  leg,  but  instead  of  hot  to  employ  cold 
water. 

During  an  alleged  paroxysm  of  epilepsy,  where  the  symptoms 
were  supposed  to  be  counterfeited,  Mr.  R.  exhibited  seven  or  eight 
drops  of  croton-oil,  through  an  opening  left  by  the  loss  of  two  teeth, 
and  in  a  few  minutes  the  man  started  on  his  feet  and  ran  to  the 
water-closet.  Dr.  Cheyne  informs  us  that  he  successfully  employed 
the  method  of  introducing  into  the  eye  a  portion  of  spirits. 

Medical  officers  cannot  be  too  careful  to  avoid  becoming  the 
dupes  of  simulators.  There  is,  I  believe,  much  reason  for  assum- 
ing that  many  a  soldier  has  been  discharged  and  pensioned  in  con- 
sequence of  feigning  convulsions,  which  medical  officers  denomi- 
nated epilepsy. 

I  was  once  instructed  by  the  deputy  adjutant-general  of  the 
forces  in  Ireland  to  inspect  a  pensioner  who  had  been  discharged 
on  account  of  alleged  epilepsy,  and  to  grant  him  a  certificate  in 
regard  to  his  infirmity.  The  man  stated  that  he  had  a  paroxysm 
of  the  disease  every  day  about  twelve  o'clock.  I  observed  to  him, 
that,  unless  I  was  present  during  a  tit,  I  could  not  certify  that  ho 
suffered  under  epilepsy;  and  as  it  was  then  only  eleven  o'clock, 
and  being  obliged  to  leave  the  depot,  I  should  not  have  it  in  my 
power  to  see  the  fit  come  on  that  day.  In  a  few  minutes  he  began 
to  tremble,  and  his  whole  body  became  more  or  less  agitated  ;  at 
length  he  sunk  to  the  ground,  and  the  contortions  and  contractions 
of  the  limbs  became  very  violent.  I  soon  perceived  that  the  parox- 
ysm of  epilepsy  which  he  was  zealously  enacting  was  voluntary, 
and  after  allowing  him  to  exhaust  himself,  I  told  him  to  get  upon 
his  feet,  as  I  was  quite  satisfied  in  regard  to  the  nature  of  his 
alleged  disability.  The  contractions  and  agitation  of  the  limbs  soon 
subsided,  and  he  rose  from  the  floor  in  a  few  minutes,  apparently 
well  satisfied  with  his  imitation  of  a  paroxysm  of  epilepsy.  In 
1828,  this  man  had  drawn  a  pension  for  fifteen  years. 

Dr.  Fallot  relates  an  account  of  a  Swiss  soldier  who  feigned  St. 
Vitus's  dance.  The  symptoms  were  a  little  exaggerated,  but  in 
general  they  were  exceedingly  well  imitated.  The  man  appeared 
to  suffer  much  by  the  complaint,  and  anxiously  begged  for  medi- 
cines to  relieve  him.  He  was  about  to  be  discharged,  but  Dr.  Fal- 
lot's  suspicions  being  excited,  the.  man  was  then  requested  to  give  a 
minute  account  of  his  feelings,  which,  aided  by  the  promptings  of 
the  doctor,  were  obviously  very  absurd.  The  fnmd  was  by  this 
means  discovered.  Although  this  man  was  quite  an  adept  in  imi- 
tating the  symptoms  of  the  disease,  he  could  not  give  any  thing 


MENTAL  ALIENATION.  131 

like  a  satisfactory  history  of  the  progress  of  the  affection.  Dr.  Fallot 
afterwards  discovered  that  the  impostor  had  been  tutored  in  the  art 
of  imitating;  St.  Vitns's  dance  by  a  relation  who  was  a  medical  prac- 
titioner. The  man  deserted  from  the  hospital  when  he  found  that 
his  imposture  was  discovered. 

There  can  be  little  doubt  that  soldiers  occasionally  qualify  them- 
selves for  carrying  on  a  scheme  of  imposition  by  the  perusal  of 
medical  books.  Patients  in  general  hospitals  commonly  evince  an 
excessive  anxiety  to  study  ctise  books,  and  avail  themselves  of  every 
opportunity  that  offers  to  acquire  information  by  that  means. 

3.  Mental  alienation — weakness  of  intellect. — Soldiers  who 
have  been  liable  to  one  or  more  attacks  of  insanity  are,  I  believe, 
in  general  considered  unfit  for  the  army,  and  recommended  by  the 
medical  authorities  to  be  discharged.  During  the  existence  of  a 
state  of  mental  derangement  soldiers  have,  for  a  number  of  years, 
been  accommodated  in  a  military  asylum  or  hospital,  at  Fort 
Clarence,  Rochester,  which  is  specially  appropriated  to  such  pa- 
tients. The  character  or  symptoms  of  insanity  are  in  general  so 
well  marked,  as  to  be  easily  recognised  by  attentive  and  experienced 
medical  officers,  especially  by  those  who  have  had  an  opportunity 
of  observing  the  phenomena  of  mental  alienation.  Insanity  has  been 
frequently  feigned  by  soldiers  who  wished  to  obtain  their  discharge, 
and  no  doubt  some  have  gained  their  object.  But  it  is  also  true, 
and  the  fact  is  a  melancholy  one,  that  real  insanity  has  been  mis- 
taken for  feigned,  and  the  patients  treated  and  punished  as  impos- 
tors Facts  of  this  kind  ought  to  lead  medical  officers  to  study  with 
great  care  the  indications  of  insanity,  a  branch  of  information  which 
can  only  be  thoroughly  obtained  in  receptacles  for  the  insane,  and, 
whenever  there  is  a  shadow  of  doubt,  to  proceed  with  the  utmost 
caution.  Much  knowledge  of  importance  in  regard  to  insanity 
may,  however,  be  obtained  from  books,  more  especially  from  those 
works  which  treat  specifically  upon  mental  diseases,  and  to  these 
the  reader  is  referred.  I  shall  content  myself  with  submitting  a  few 
interesting  cases,  for  the  purpose  of  showing  the  importance  of  the 
study  of  mental  diseases  in  the  army,  and  the  difficulty  which 
sometimes  exists  in  discriminating  between  real  and  fictitious  dis- 
ease, or  of  recognising  mental  alienation.  It  is  not  so  much  be- 
cause fictitious  madness  has  been  treated  as  real,  but  because  real 
madness  has  been  treated  as  fictitious,  that  I  urge  the  necessity  of 
medical  officers  devoting  some  attention  to  the  study  of  this  class 
of  diseases. 

Private  Charles  Louis,  regiment,  complained,  during  the 

month  of  December,  L826,  of  pain  in  the  loins,  which  was  stated  to 
be  the  result  of  a  sprain  received  in  the  preceding  July,  but  which 
he  had  not  previously  mentioned.  [Te  went  on  furlough  soon  after 
and  did  not  return  until  the  24th  February  1827,  when  he  con- 
tinued to  state  that  he  was  unable  for  duty.  He  was  then  admitted 
into  hospital ;  his  appetite  was  good,  the  other  functions  of  the  body 


132          MARSHALL  ON  THE  ENLISTING,  ETC.  OF  SOLDIERS. 

were  apparently  healthy,  and  no  symptom  of  disease  could  be  de- 
tected. He  was  in  general  remarkably  taciturn.  He  was  discharged 
from  hospital,  but  would  do  no  duty.  He  was  tried  by  a  regimental 
court-martial  for  disobedience  of  orders,  and  sentenced  to  undergo 
corporal  punishment,  and  on  the  loth  March  he  received  175  lashes 
without  making  the  slightest  complaint.  He  continued  to  refuse 
doing  duty,  and  was  a  second  time  tried  by  a  court-martial,  and 
sentenced  to  be  confined  for  one  month  in  a  solitary  cell,  but  when 
released  from  confinement  he  still  refused  to  do  duty.  He  was 
transferred  to  the  general  hospital,  in  Dublin,  on  the  30th  of  May, 
where  he  remained  under  the  care  of  Dr.  Cheyne  until  the  12th 
July,  when  he  rejoined  the  regiment  to  which  he  belonged.  Dur- 
ing the  time  he  was  in  Dublin,  the  greatest  care  was  taken  to  in- 
vestigate his  case  by  Dr.  Cheyne  and  other  medical  officers,  but  no 
satisfactory  evidence  of  disease,  either  physical  or  mental,  was 
observed.  Shortly  after  Louis  joined  the  regiment,  symptoms  of 
alienation  of  mind  appeared,  which  were  for  some  time  supposed 
to  be  feigned,  but,  after  close  observation  for  a  period  of  several 
months,  the  surgeon  was  satisfied  that  his  mind  was  unsound.  In 
July,  1827,  he  was  again  admitted  into  the  general  hospital,  Dub- 
lin, in  consequence  of  decided  mental  alienation,  and  during  the 
year  1828  was  transferred  to  the  military  asylum  at  Fort  Clarence, 
where  he  expired  on  the  26th  August,  1838. 

It  would  be  a  difficult  task  to  decide  upon  the  time  when  Louis's 
rnind  became  unsound.  He  had  an  ardent  desire  to  obtain  his  dis- 
charge, but  all  his  measures  for  this  purpose  failed.  Was  he  insane 
when  he  refused  to  do  his  duty  in  February,  1827,  or  should  we 
consider  the  mental  disorder  a  consequence  of  frustrated  hope  since 
that  period?  It  is,  I  believe,  admitted  by  competent  medical  autho- 
rities, that  insanity  may  be  a  consequence  of  the  despondency  and 
anxiety  which  arise  from  ungratified  desire. 

Other  instances  might  be  quoted  where  mental  alienation  was 
mistaken  for  feigned  disease.  From  the  report  of  a  coroner's  in- 
quest held  ot)  the  body  of  Joseph  Godfrey,  it  appears  that  he 
belonged  to  the  83d  regiment,  and  served  with  that  corps  at  the 
Cape  of  Good  Hope  eleven  years.  During  this  period  he  evinced 
symptoms  of  derangement  on  five  different  occasions,  was  five 
times  tried  by  a  court-martial  for  pretending  insanity  with  a  view 
to  his  discharge,  and  was,  on  each  occasion,  sentenced  to  receive 
corporal  punishment,  which  was  uniformly  inflicted.  Maniacal 
paroxysms  continued  to  recur  after  he  was  discharged,  and  during 
one  of  the  accessions,  he  committed  suicide  by  drinking  a  quantity 
of  sulphuric  acid.—  (Times  newspaper,  22d  February,  1826.) 

The  following  is  a  case  of  a  different  character.  E.  Pigott  en- 
listed at  Limerick,  for  the  honourable  East  India  Company's  mili- 
tary service,  in  March  1828.  He  was  transferred  to  Cork,  where 
self  made  ulcers  appeared  on  his  legs;  and  when  this  scheme  failed 
in  procuring  his  discharge,  he  seemed  to  become  an  idiot.  Towards 


MENTAL  ALIENATION.  133 

the  end  of  September  he  arrived  at  Chatham,  when  he  had  what 
was  considered  the  aspect  of  "a  genuine  idiot"  He  was  placed 
under  slrict  observation  for  four  or  five  weeks,  during  which  period 
he  was  never  heard  to  utter  a  word  distinctly;  his  looks  were  wild, 
his  manners  almost  savage;  he  appeared  to  have  lost  all  regard  to 
decency,  and  to  have  become  completely  helpless,  for  he  required 
to  be  washed  and  dressed  like  a  child.  He  refused  to  take  food 
when  offered  to  him,  but  if  it  was  set  beside  him  he  devoured  it 
clandestinely,  and  occasionally  he  would  neglect  it  for  a  whole  day. 
He  was  at  first  treated  with  great  kindness,  but,  after  some  time,  he 
became  in  some  measure  ferocious,  which  was  evinced  by  attempt- 
ing to  bile  the  orderlies,  and  by  using  missiles,  so  as  that  it  was 
deemed  necessary  to  confine  him  in  a  strait  waistcoat.  On  the  3d 
November,  he  was  examined  by  a  board  of  medical  officers,  who 
stated,  that,  in  their  opinion,  Pigott  was  "  a  most  determined  ma- 
lingerer, and  affects  insanity.  Having  maturely  considered  the 
infamous  moral  character  of  this  recruit,  his  perseverance  in  simu- 
lating various  diseases,  his  utter  worthlessness  to  the  service,  and, 
moreover,  the  great  improbability  of  his  re-enlistment,"  the  board 
recommended  him  to  be  discharged  from  the  East  India  Com- 
pany's service.  So  far  as  1  know,  no  reason  was  assigned  by  the 
board  for  concluding  that  Pigott's  re-enlistment  was  improbable. 

The  decision  of  the  board  led  to  the  usual  steps  being  taken  to 
obtain  an  official  order  from  the  Horse  Guards  for  his  being  dis- 
charged, but  by  the  time  the  discharge  reached  Chatham  (7th  No- 
vember) Pigott  appeared  to  be  totally  incapable  of  comprehending 
what  a  discharge  meant.  The  order  for  his  being  discharged  was 
repeatedly  read  to  him  with  great  care  and  attention,  and  it  was  ex- 
plained to  him  that  he  was  at  liberty  to  leave  the  hospital  for  the 
purpose  of  returning  to  Ireland,  but  all  these  endeavours  to  make 
him  comprehend  how  matters  stood  produced  no  evidence  that  he 
understood  or  paid  any  attention  to  what  was  said  to  him. 

On  the  20th  November,  the  late  Dr.  Davies,  who  was  surgeon  to 
the  East  India  Company's  depot,  and  had  the  care  of  Pigott,  ad- 
dressed a  letter  to  the  commandant,  recommending  him  to  apply  for 
permission  to  send  Pigott  to  the  military  lunatic  asylum  at  Fort 
Clarence.  In  this  letter,  Dr.  Davies  states  that,  '•  Notwithstanding 
the  strong  documents  which  have  been  received  respecting  this 
man  from  Ireland,  and  the  opinion  of  the  medical  board  as  ex- 
pressed in  their  report,  dated  November  3d,  having  very  attentively 
observed  the  case  for  a  long  period,  I  am  far  from  being  convinced 
that  he  is  'a  decided  malingerer.'  On  the  contrary,  I  am  inclined 
to  believe  that  there  has  been  throughout,  and  there  certainly  is  now, 
a  reality  in  the  affliction." 

Several  weeks  elapsed  without  any  appearance  of  improvement, 
and  as  he  was  a  very  troublesome  patient,  and  sometimes  outrage- 
ous, he.  was  commonly  confined  either  in  a  strait  waistcoat  or  by 
straps  to  the  bedstead.  On  the  12th  January,  1829,  he  was  trans- 
ferred to  Fort  Clarence.  When  he  arrived  at  the  asylum,  he  would 


131          MARSHALL  ON  THE  ENLISTING,  ETC.  OP  SOLDIERS. 

neither  stand  nor  speak  ;  he  lay  with  his  legs  doubled  up,  and  his 
knees  nearly  approaching  the  chest,  and  when  questions  were  put 
to  him,  he  sometimes  emitted  a  hollow  groan.  He  was  rapidly  and 
forcibly  conveyed,  by  a  long  subterraneous  passage,  to  the  extremity 
of  the  establishment,  where  he  was  exposed  to  a  shower  bath,  well 
washed,  and  subsequently  dressed  in  the  hospital  uniform.  Owing 
to  the  gloomy  condition  and  singular  appearance  of  the  asylum,  and 
the  unceremonious  manner  with  which  he  was  moved  from  one 
place  to  another,  Pigott  no  doubt  became  greatly  alarmed.  He  was 
placed  in  the  whirling  chair,  which  ultimately  determined  him  to 
ffive  in>  for  on  corning  out  of  it,  he  stated  that  his  disability  was 
feigned,  and  subsequently  detailed  to  Dr.  Davies  a  course  of  the 
most  persevering  and  determined  fraud  that  had  ever  been  prac- 
tised. He  acknowledged  that,  roughly  as  he  had  been  handled  in 
the  depot  hospital,  he  never  thought  of  flinching  from  his  purpose 
until  he  was  transferred  to  Fort  Clarence.  To  transfer  a  feigned 
maniac  to  a  lunatic  asylum  is  a  most  effectual  means  of  detecting 
imposture.  On  the  4th  March,  about  one  year  from  the  time  he 
enlisted,  he  was  marched  from  Fort  Clarence  to  the  depot  of  the 
East  India  Company,  perfectly  sound  in  mind  and  body,  and  it  was 
now  determined  that  he  should  not  be  discharged.  The  same  night 
he  joined  the  depot,  he  deserted,  and  was  secured  next  day,  after  a 
stout  resistance,  by  a  constable  at  Gravesend,  who  brought  him  back 
to  Chatham.  Finally  he  embarked  for  Madras  oti  the  7lh  March, 
along  with  a  detachment  of  recruits. 

It  has  been  asserted,  wiih  what  truth  I  do  not  know,  that  the 
long  continued  imitation  of  some  maladies,  such  as  insanity,  has 
excited  real  disease.  "II  est  aussi  dangereux  d'imiter  la  folie  que 
de  contrefaire  1'epilepsie,  toutes  deux  pouvant  se  developper  reelle- 
ment." — (Cache  de  Voperatiun  Medicate  du  recruitement,  fyc.,  page 
306.) 

Weakness  of  intellect. — In  almost  every  regiment  or  corps  there 
are  a  few  men  who  are  alleged  to  be  defective  in  memory,  percep- 
tion, and  judgment,  who  never  acquire,  or  seem  never  to  acquire, 
a  perfect  knowledge  of  their  duty,  and  who  usually  pay  but  little 
attention  to  the  state  of  their  dress  and  accoutrements.  Men  of  this 
class  are  commonly  harmless  and  unobtrusive;  sometimes,  how- 
ever, they  are  morose  and  irritable.  There  is  perhaps  no  species 
of  disability  which  requires  to  be  appreciated  with  more  care  and 
circumspection  than  that  of  intellectual  deficiency.  Mental  inca- 
pacity or  inaptitude  for  acquiring  the  manual  and  platoon  exercise, 
is  easily  feigned,  and  very  difficult  of  detection. 

A  few  years  ago,  a  smart-looking  young  man,  of  a  respectable 

class  of  society,  joined  the regiment  of  dragoons  as  a  recruit. 

He  was  excessively  backward  in  acquiring  a  knowledge  of  the  first 
principles  of  the  duties  of  a  dragoon.  The  greatest  care  was 
ineffectually  bestowed  upon  him.  On  some  occasions  he  appeared 
to  show  a  certain  degree  of  skill,  in  a  particular  branch  of  his 
exercise,  while,  at  other  times,  he  seemed  to  have  forgotten  every 


MENTAL  ALIENATION.  135 

thing  he  had  been  taught.  The  drill  corporal,  whose  patknco 
became  exhausted,  privately  offered  him  a  sovereign,  if  he  would 
desert,  his  character  as  a  good  drill  being  likely  to  be  impugned,  in 
consequence  of  his  want  of  success  with  the  recruit.  This  oH'er, 
as  might  have  been  foreseen,  neither  induced  him  to  disappear,  nor 
to  make  more  progress.  At  the  end  of  about  nine  or  ten  months, 
he  got  drunk,  and  was  in  consequence  confined  in  the  guard  room 
for  a  few  days.  During  his  incarceration,  a  complete  revolution 
took  place  in  his  plans,  for  on  his  returning  to  drill,  he  not  only 
evinced  an  aptitude  to  learn,  but  he  showed  that  he  had  in  a  perfect 
manner  acquired  the  art  of  performing  every  thing  which  the  drill 
corporal  had  attempted  to  teach  him.  He  afterwards  confessed, 
that  the  incompetency  of  mind,  with  which  he  was  long  supposed 
to  be  affected,  was  simulated  for  the  purpose  of  procuring  his 
discharge.  Confinement,  the  collapse  that  followed  the  paroxysm 
of  intoxication,  but  chiefly  despair  of  obtaining  his  liberty,  deter- 
mined him  to  give  in.  It  is  worthy  of  remark,  that,  in  this 
instance,  the  simulation  of  weakness  of  intellect  was  not  even 
suspected. 

It  is  very  natural  that  regimental  officers  should  wish  to  get 
inefficient  soldiers  discharged,  whether  the  unfitness  arises  from 
physical,  moral,  or  intellectual  causes;  but  the  general  interests  of 
the  service  require,  that  no  doubtful  case  of  disability  should  be 
recommended  to  be  discharged,  more  especially  on  account  of 
alleged  weakness  of  intellect.  The  degree  of  mental  incapacity  is 
very  difficult  to  appreciate, — for  many  individuals  will  evince  no 
remarkable  want  of  intellectual  endowment  in  conversation,  who 
cannot  be  taught  a  particular  trade  or  profession.  Some  may 
obtain  tolerable  proficiency  in  one  trade,  while  they  show  great 
want  of  aptitude  in  learning  another.  A  man  may  be  a  good 
shoemaker,  though  no  degree  of  labour  will  enable  him  to  acquire 
the  dexterity  requisite  for  performing  the  usual  military  evolutions 
in  a  correct  manner,  or  to  become  a  cleanly  and  efficient  soldier. 
When  a  man  shows  no  decided  want  of  general  intellect,  how  is 
a  medical  officer  to  distinguish  a  defect  of  intellectual  capacity  from 
a  want  of  will?  The  evidence  of  an  adjutant  or  a  drill-serjeant, 
that  they  have  not  been  able  to  make  the  individual  in  question 
comprehend  his  duty,  cannot  invariably  be  admitted  as  conclusive 
proof  of  his  incapacity.  A  few  years  since,  a  man  enlisted  in  the 
regiment,  who,  although  he  had  been  at  drill  for  an  unu- 
sually long  period,  did  not  seem  to  know  any  thing  of  his  duty. 
Every  exertion  was  made  by  the  adjutant  and  drill-serjeant  to 
make  him  perform  the  manual  and  platoon  exercise,  but  without 
succej-s.  This  pretended  idiot  was  eventually  discovered  to  be  a 
deserter,  and  a  very  clever  fellow.  I  am  disposed  to  think,  that, 
unless  iu  well  marked  cases,  where  the  mind  is  weak  on  all  sub- 
jects, and  where  that  weakness  is  expressed  in  the  countenance,  or 
readily  discoverable  during  conversation,  no  man  ought  to  be 


136          MARSHALL  ON  THE  ENLISTING,  ETC.  OF  SOLDIERS. 

recommended  for  discharge  on  account  of  mental  delects,  because, 
if  the  disability  is  not  obvious,  he  may  enlist  and  he  approved  for 
the  service. 

Examples  sometimes  occur  where  it  is  difficult  to  determine 
whether  disgraceful  conduct  depends  on  moral  depravity,  or  mental 
incapacity.  Occasionally,  the  disabling  cause  appears  to  he  a 
compound  of  roguery  and  imbecility,  as  was  perhaps  the  case  in  the 
following  instance. 

R.  G.  West  enlisted  into  the  honourable  East  India  Company's 
service,  at  Liverpool,  in  1823,  and,  soon  after  enlistment,  embarked 
for  Bombay.  The  following  year  he  was  discharged  and  sent  home, 
"  on  account  of  want  of  intellect."  He  subsequently  enlisted  in  a 
regiment  of  the  line,  from  which  he  was  discharged  in  December, 
1827,  for  the  same  cause.  In  February,  1828,  under  the  name  of 
George  Ryan,  he  again  joined  the  depot  at  Chatham,  as  a  recruit 
for  the  East  India  Company's  service.  The  intellectual  and  moral 
character  of  this  man  have  been  very  differently  estimated  ;  some 
officers  represented  his  mind  to  be  "  unsound,"  others  reported  that 
he  was  not  "unsound  of  mind,"  but  an  artful,  intriguing  man  ;  one 
alleged  that  he  was  a  ''gross  impostor,"  and  another  described  him 
to  be,  "  without  exception,  the  greatest  blackguard,  in  point  of 
general  conduct  and  behaviour,  in  the  kingdom."  An  application 
was  made  by  the  commandant  of  the  company's  depot  for  an 
authority  to  discharge  him,  but  there  being  no  security  against  his 
re-enlisting,  he  was  retained  in  the  service. 

West  was  sent  to  his  duty;  but  before  two  or  three  weeks  had 
elapsed,  he  sold  his  regimental  clothing.  He  was  in  consequence 
tried  by  a  court-martial,  and  sentenced  to  be  confined  in  the  Maid- 
stone  jail,  and  employed  at  hard  labour.  Shortly  after  this  period 
of  confinement  had  expired,  he  embarked  to  join  the  corps  to  which 
he  belonged— the  Madras  European  regiment. 

It  may  he  questionable  whether  a  number  of  the  men  in  the  army, 
whose  conduct  is  excessively  irregular,  and  who  are  sometimes 
individually  charactised  as  being  "  more  rogue  than  fool,"  are  not 
suffering  more  or  less  under  mental  alienation,  or  intellectual  imbe- 
cility ;  for  instance. 

In  the  year  1827,  J.  Leonard  enlisted  at  Dublin  for  the  S7th 
regiment,  and  being  brought  before  me,  as  district  staff-surgeon,  for 
examination,  was  approved.  He  had  shown  some  unwillingness  to 
comply  with  the  routine  of  the  inspection  room,  in  consequence  of 
which,  I  had  noted  on  his  attestation,  as  a  warning  to  the  surgeon, 
that  Leonard  was  likely  to  prove  a  very  reluctant  soldier.  He.  joined 
the  regiment  in  England,  and  was  forthwith  examined  by  the 
medical  officer  of  the  corps,  and  finally  approved.  Shortly  after  he 
was  sent  to  drill,  when  he  stated,  in  the  Irish  language,  that  he  did 
not  comprehend  the  words  of  command,  and  that  he  neither  under- 
stood nor  could  speak  English.  This  statement  was  obviously 
untrue,  because  he  had,  both  in  Ireland  and  in  England,  spoken 


MENTAL  ALIENATION. 


137 


English  as  well  as  his  comrades.  He  was  confined  for  several  days 
in  a  solitary  cell,  where  he  received  no  other  diet  but  bread  and 
water.  He  still,  however,  pretended  that  lie  did  not  understand  the 
English  language,  and  he  was  transferred  to  the  hospital  for  the 
purpose  of  being  under  the  observation  of  the  surgeon,  as  the 
adjutant  could  make  nothing  of  him.  On  (he  fourth  day  after 
admission  into  hospital,  he  admitted  that  he  understood  the  English 
language,  and  spoke  it  as  he  had  formerly  done.  He  subsequently 
went  to  drill,  and  conducted  himself  like  other  soldiers.  In  1831, 
when  on  board  a  transport  bound  to  Mauritius,  he  pilfered  some 
articles  of  dress  belonging  to  a  comrade,  and  was  in  consequence 
tried  by  a  court-martial,  convicted,  and  sentenced  to  receive  corporal 
punishment.  He  received  150  lashes.  He  evinced  at  intervals 
great  violence  of  temper,  and  occasionally  refused  to  perform  the 
duty  assigned  to  him.  In  1832,  he  was  a  second  time  sentenced 
to  receive  corporal  punishment ;  and  when  brought  to  the  halberts 
or  triangles,  he  refused  to  be  tied  up,  and  resisted  the  drummers 
with  all  the  strength  he  possessed.  The  punishment  was  even- 
tually inflicted.  His  temper  continued  to  be  violent ;  and  during 
the  year  1833.  suspicions  were  entertained  that  his  mind  was 
unsound.  In  1834,  he  absented  himself  without  leave  from  the 
regiment ;  but  returned  within  a  few  days  in  a  state  of  great 
wretchedness.  At  this  period  he  obviously  laboured  under  mental 
alienation;  and  in  consequence  of  this  disability,  was  sent  to 
England,  and  became  an  inmate  of  Fort  Clarence,  where  he 
remained  until  he  was  transferred  to  a  lunatic  asylum  in  Galway, 
in  December,  1838. 

The  plea  of  insanity  is  sometimes  adduced  by  soldiers,  for  the 
purpose  of  mitigating  or  of  escaping  punishment;  and  medical 
officers  require  to  be  prepared  to  give  their  evidence  in  regard  to 
the  existence  of  the  disability,  as  in  the  following  instance  : 

Private  Rnlstone,  69th  regiment,  was  arraigned  before  a  court- 
martial  on  the  9th  November,  1818.  upon  three  charges.  It  is 
sufficient  for  my  purpose  to  copy  the  last: 

"  3r/.  For  discharging  his  musket,  loaded  with  a  ball,  at  a  Seapoy 
sentry,  who  was  endeavouring  to  stop  him  (from  deserting,)  by 
order  of  Lieutenant  Hall,  and  for  attempting  to  reload  it." — 
Finding  guilty — sentence,  solitary  confinement  for  the  space  of 
five  calendar  months.  This  sentence  was  confirmed,  but  not 
approved. 

When  the  foregoing  sentence  was  promulgated  to  the  army  by 
Lieutenarit-General  Hislop,  he  deemed  it  expedient  to  make  the 
following  observations : 

"The  great  disproportion  between  the  crime  and  the  punishment 
appears  to  have  arisen  from  the  pica  of  insanity :  but  this  plea  has 
riot  been  substantiated  by  evidence.  The  prisoner  states,  that  he 
received  a  wound  on  the  head.  No  evidence  is  called  to  speak  to 
the  effects  which  that  had  produced  on  his  constitution.  The 


133          MAIISHALL  ON  THE  ENLISTING,  ETC.  OF  SOLDIERS. 

wound  does  not.  seem  to  have  been  examined  by  a  surgeon  in 
presence  of  the  court,  nor  indeed  shown  to  the  court  at  all;  and 
one  question  only  is  asked  regarding  it,  namely,  Is  it  generally 
understood  in  the  regiment  that  the  prisoner  was  wounded  in  the 
head  ? — Answer,  Yes." 

To  throw  some  light  upon  the  proceedings  of  the  court,  Sir 
Thomas  Hislop  directed  a  medical  committee  to  report  upon  the 
state  of  private  Ralstone,  namely — 

"To  state  whether  he  had  been  visited  by  insanity?  Whether  he 
laboured  under  this  heavy  calamity  at  or  about  the  period  when  he 
fired  at  Cuspali  (the  Seapoy  sentry.)  And,  finally,  whether  any 
disease  incapacitates  him  from  continuing  in  his  majesty's  service? 

"  The  committee  were  unanimously  of  opinion, — 

"  1st.  That  the  prisoner  is  at  present  in  a  state  of  perfect  health. 

"  2d.  That  his  mental  organs  (faculties  ?)  appear  unimpaired. 

"3rf.  That,  so  far  as  the  committee  can  ascertain,  he  has  never 
been  visited  by  insanity. 

"4lh.  That,  at  or  about  the  period  when  he  fired  at  Cuspali 
Seapoy,  it  seerns  probable  he  was  under  the  influence  of  liquor. 

"  5th  and  lastly.  That  the  prisoner  is  not  affected  with  any 
disease,  mental  or  bodily,  to  incapacitate  him  for  his  majesty's 
service. 

"The  plea  of  insanity  set  up  by  the  prisoner,  like  every  other 
ground  of  palliation  or  defence,  should  have  been  established  by 
competent  evidence,  before  it  ought  to  have  been  admitted  to 
influence  the  opinion  of  the  court." 

The  observations  of  Lieutenant-General  Hislop  upon  Ralstone's 
court-martial  are  so  just  and  so  appropriate,  that  I  have  given  them 
in  detail.  They  convey  a  good  lesson  to  both  military  and  medical 
officers,  in  regard  to  a  very  important  branch  of  their  duty. 

CLASS  X. — Moral  Disabilities. 

Some  individuals  are  so  addicted  to  vice  of  different  kinds, — ill- 
tempered,  quarrelsome,  or  dishonest, — that  they  nre,  in  many 
respects,  disqualified  for  living  in  society,  more  especially  in  a 
barrack-room,  where  soldiers  are  crowded  into  a  small  space,  and 
where  no  precaution  can  prevent  a  thief  from  having  it  in  his 
power  to  pilfer.  Inveterate  intemperance,  with  all  iis  concomitant 
evils,  also  disqualifies  many  men  for  military  duty.  Habitual 
inebriety  may  be  considered  an  incurable  moral  disability — a  vice 
which  neither  flattery  nor  flogging  will  remedy.  It  is  remarked  by 
a  French  author,  (and  the  fact  is  obviously  true,)  that  a  dissolute 
soldier  invariably  neglects  his  duty;  he  is  frequently  insensible  to 
remonstrance  or  to  punishment ;  and  his  example  has  a  powerful 
effect  upon  conscripts,  or  young  soldiers,  in  exciting  them  to  indis- 
cipline and  to  habits  of  dissipation.  One  or  two  mauvais  snjets 
(evil-disposed  men)  may  be  the  cause  of  a  spirit  of  insubordination 
in  a  company,  which,  like  a  gangrene,  spreads  rapidly  through  a 


MORAL  DISABILITIES.  139 

whole  corps,  unless  early  and  efficient  means  be  tnken  to  arrest  it. 
Moral  infirmities  are  not  confined  to  the  most  illiterate;  for  young 
men  of  the  better  order  of  society,  who  have  had  much  of  their  own 
will,  and  whose  moral  education  is  but  imperfect,  are  extremely  apt 
to  run  headlong  into  error,  «nd  eventually  into  crime,  and  thereby 
to  incur  the  penalties  of  military  law.  Being  accustomed  to  submit 
to  no  guide  but  their  own  self-will,  they  transgress  the  rules  of 
discipline,  sometimes  from  carelessness,  sometimes  from  caprice, 
and  occasionally  from  vexation,  disappointment,  and  hopelessness 
or  despondency.  They  are  impatient  of  restraint ;  and  having  no 
self-respect,  seem  to  disregard  the  good  opinion  of  others.  The 
indefinite  nature  of  the  soldier's  engagement  affords  no  safety-valve 
by  which  his  regrets  may  evaporate,  and  seeing  no  termination  to 
the  thraldom  of  his  situation,  he  is  too  often  ready  for  the  com- 
mission of  any  act,  except  that  of  submitting  calmly  to  his  fate, 
and  habitually  exercising  that  concentration  of  military  virtues — 
obedience. 

Commanding  officers  of  regiments  are  commonly  very  anxious 
to  "get  rid?'  of  troublesome  men.  whom  they  deem  irreclaimable; 
consequently  there  is  no  class  of  disabilities  which  requires  to  be 
more  carefully  considered  than  moral  infirmities,  as  many  a  crime 
has  been  perpetrated  by  soldiers  for  the  avowed  purpose  of  being 
brought  before  a  court-martial  and  ultimately  discharged.  The 
infamous  character  of  the  ceremony  which  attends  his  dismissal 
gives  a  vicious  soldier  no  concern  ;  he  has  in  many  instances  gained 
his  object,  and  he  may  never  again  see  any  individual  who  was 
present  when  he  was  "  discharged  from  the  army  with  every  mark 
of  ignominy  and  disgrace"  To  discharge  men  who  commit 
great  irregularities,  may,  therefore,  be  a  means  of  encouraging 
vice,  rather  than  a  wise  measure  for  repressing  indiscipline.  "A 
soldier,"  says  the  Duke  of  Wellington,  "cannot  be  allowed,  as  a 
servant  or  labourer  might  be,  to  quit  the  service  in  which  he  is 
engaged  as  soon  as  it  becomes  irksome  to  him,  nor  can  he  be  sent 
away  because  he  is  disobedient,  irregular,  unwilling  to  learn,  or 
that  he  insults,  and  strikes  those  whom  he  is  bound  to  respect  and 
obey.  He  must  be  constrained  to  serve  the  state  according  to  his 
engagements,  and  must  be  taught,  and  must  be  forced  to  learn  how 
to  serve  in  his  station  of  soldier."  With  respect  to  recruits,  the 
duke  states,  that  "it  cannot  be  denied,  that,  in  99  instances  out  of 
100,  some  idle  or  irregular,  or  even  vicious  motive,  is  the  cause  of 
the  enlistment  of  the  volunteer." 

The  evil  consequence  which  may  result  from  the  measure  of 
discharging  soldiers  on  account  of  moral  disabilities  is  strongly 
pointed  out  by  Sir  Henry  Hardinge,  in  the  following  extract  from 
his  evidence  before  the  commission  on  military  punishments.  "If 
you  give  the  commanding  officer  the  poiccr  of  getting  rid  of  bad 
men  because  they  are  bad,  you  will  offer  a  premium  for  miscon- 
duct, and  iconld  make  a  great  number  of  men  bad  for  the  purpose 
of  gaining  their  discharges" 


140  MARSHALL  ON  THE  ENLISTING,  ETC.  OF  SOLDIERS. 


NOTES  AND  ILLUSTRATIONS. 


NOTE  I.     Page  81. 

ADJUTANT-GENERAL'S  OFFICE, 
DUBLIN,  \3(/i  April,  1822. 

GENERAL  ORDERS. 

No.  1. — At  a  general  court-martial  held  in  the  royal  barracks, 
Dublin,  on  the  30th  day  of  March,  1822,  and  continued  hy  adjourn- 
ment, stnff-s urgeon,  J.  Stringer,  was  arraigned  upon  the  under- 
mentioned charges,  viz. 

1st. — "  For  conduct  highly  unbecoming  an  officer,  and  particu- 
larly culpable  in  his  medical  capacity  as  a  staff-surgeon,  by  treating 
in  a  harsh,  unfeeling,  and  unwarrantable  manner,  several  privates 
of  the  12th  regiment  of  Lancers,  when  patients,  under  his  care  at 
the  Royal  Infirmary,  in  the  months  of  May  and  June  last." 

2d. — "  For  having  in  the  month  of  May  last,  at  the  Royal  Infir- 
mary, in  a  most  improper  manner,  unbecoming  hrs  station  in  the 
army  as  a  staff-surgeon,  used  opprobrious  and  disgraceful  words 
reflecting  on  the  character  of  the  12th  lancers,  to  the  following 
effect,  '  that  he  had  formed  his  opinion  of  the  12th  lancers,  they 
were  all  schemers  and  malingerers.'  " 

3d. — "  For  harsh,  cruel,  and  unjust  conduct,  highly  improper  and 
incompatible  with  his  duty  as  a  surgeon,  towards  Joseph  Ashman, 
a  private  in  the  12th  lancers,  when  a  patient  under  his  care  for 
ophthalmia,  at  the  Royal  In6rmary  in  the  month  of  May  last." 

4th. — "  For  conduct  highly  unbecoming,  and  particularly  repre- 
hensible in  a  medical  practitioner,  by  using  violent,  intemperate, 
and  unjust  language  towards  William  Clyde,  a.  private  in  the  12th 
lancers,  when  a  patient  under  his  care  at  the  Royal  Infirmary  in 
the  month  of  July  last." 

5th. — "  For  cruel  and  oppressive  conduct  most  unbecoming  his 
medical  station  in  the  army,  by  placing  two  privates  of  the  12th 
lancers,  in  strait  waistcoats,  when  patients  tinder  his  care  for  oph- 
thalmia, in  the  Royal  Infirmary,  in  the  month  of  August  lost." 

Upon  which  charges  the  court  came  to  the  following  decision  : 

"  The  court  being  cleared  and  closed  in,  and  the  prisoner  being 
withdrawn  ;  the  court  having  maturely  considered  the  evidence  ad- 
duced on  the  part  of  the  prosecution,  as  well  as  what  was  offered 
by  the  prisoner  in  his  defence,  is  of  opinion  that  the  prisoner  Staff- 


NOTES  AND  ILLUSTRATIONS.  14 1 

Surgeon  Stringer,  is  not  guilty  of  the  first  charge,  and  does  acquit 
him  of  that  charge. 

"The  court  is  of  opinion  that  the  prisoner  is  not  guilty  of  the 
second  charge,  and  does  acquit  him  of  that  charge. 

"The  court  is  of  opinion  that  the  prisoner  is  not  guilty  of  the 
third  charge,  and  does  acquit  him  of  that  charge. 

"The  court  is  of  opinion  that  the  prisoner  is  not  guilty  of  the 
fourth  charge,  and  does  acquit  him  of  that  charge. 

"The  court  is  of  opinion  that  the  prisoner  is  not  guilty  of  the 
fifth  charge,  and  does  therefore  acquit  him  of  that  charge  also." 

It  is  the  commander  of  the  forces'  order,  that  the  foregoing  charges 
preferred  against  Staff-Surgeon  Joseph  Stringer,  together  with  the 
fii. ding  of  the  court,  shall  be  read  at  the  head  of  every  regiment  in 
Ireland,  and  entered  in  the  general  order  book. 

No.  2. — The  king's  infirmary  in  the  Phoenix  Park  is  to  be  visited 
daily  by  the  field  officer  and  the  captain  of  the  day,  who  will  report 
respectively  to  the  officer  commanding  the  garrison,  any  irregularity 
which  may  fall  under  their  observation,  and  any  complaint  which 
may  be  made  to  them  by  the  patients. 

No,  3. — The  use  of  the  strait  waistcoat,  or  of  any  other  coercive 
mode  of  treatment,  is  not  to  be  resorted  to,  except  in  cases  of  in- 
sanity, in  any  military  hospital  on  this  establishment,  without  the 
sanction  of  the  surgeon  general  or  physician  general,  if  in  Dublin, 
or  of  the  senior  medical  officer  in  the  respective  districts.  In  either 
case  an  immediate  report  is  to  be  made  to  the  director  general  of 
hospitals. 

No.  4. — The  general  court-martial  of  which  Major- General 
Will/  is  president,  is  dissolved. 

By  order  of  the  commander  of  the  forces, 

AYLMER,  Adjutant- General. 


8— d  10  mar 


142  MARSHALL  ON  THE  ENLISTING,  ETC.  OF  SOLDIERS. 


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NOTES  AND   ILLUSTRATIONS. 


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144          MARSHALL  ON  THE  ENLISTING,  ETC.  OF  SOLDIERS. 

This  statement  is  interesting  m  many  respects.  Among  an  ag- 
gregate strength  of  787,961  men,  766  were  admitted  into  hospital 
under  the  head  "hernia,"  beinjj  about  1  in  1000  of  the  strength. 
Ten  cases  terminated  fatally,  being  1  in  78,796  of  the  aggregate 
strength,  and  1  in  76  of  the  cases  admitted  into  hospital  on  account 
of  this  disease. 

The  ratio  of  admissions  among  the  cavalry  of  the  united  kingdom 
is  1  per  1000,  being  exactly  the  mean  ratio  of  admissions  among 
the  troops  (infantry  and  cavalry)  employed  in  the  different  stations. 

The  obvious  conclusion  that  may  be  drawn  from  these  facts  is, 
that  hernia  adds  very  little  to  the  inefficiency  or  the  mortality  of  the 
army. 


PART  III. 

ON  THE  PENSIONING  OF  SOLDIERS. 


I. — Military  Pensions — Chelsea  Hospital —  Out-Pensioners. 

The  earliest  notice  which  I  have  discovered  of  the  awarding  of 
military  pensions  is  in  the  reign  of  Edward  IV.  who  made  a  grant 
to  John  Sclatter  of  four  marks,  for  the  loss  of  his  hand  at  the  battle 
of  Wakefield;  and  another  to  Rauf  Veshynden,  of  an  annuity  of 
ten  pounds,  by  letters-patent  under  the  great  seal,  till  icwarded 
with  an  office,  "for  the  good  and  agreeable  service  which  he  did 
nnto  us,"  says  the  patent,  "in  carrying  and  holdying  of  our  stan- 
dard of  the  Black  Bull  at  the  batayl  of  Sherborne." 

By  the  statute  of  the  43d  of  Q,ueen  Elizabeth,  justices  of  the 
peace  had  power  to  charge  every  parish  towards  a  weekly  relief  of 
maimed  soldiers  and  mariners,  so  that  no  parish  paid  weekly  above 
tenpence,  nor  under  twopence;  nor  any  county,  which  consisted  of 
above  fifty  parishes,  to  pay  above  sixpence,  one  parish  with  another; 
which  sums,  so  taxed,  were  to  be  assessed  in  every  parish  by  the 
parishioners,  or,  in  default,  by  the  churchwardens  and  constables, 
or,  in  their  default,  by  the  next  justice  or  justices  of  the  peace. 
The  tax  thus  collected  was  to  be  paid  over  to  the  treasurer  of  the 
county.  A  maimed  soldier  or  mariner,  who  had  been  pressed,  was 
to  repair  to  the  treasurer  of  the  county  where  he  had  been  pressed; 
if  he  were  not  pressed,  then  to  the  treasurer  of  the  county  where 
he  was  born,  or  where  he  last  dwelt  for  the  space*>f  Ihree  years, 
at  his  election ;  but,  if  he  was  not  able  to  travel,  then  to  the  treasu- 
rer of  the  county  where  he  landed.  He  was  to  be  furnished  with 
a  certificate  under  the  hand  and  seal  of  the  chief  commander,  or 


CHELSEA  HOSPITAL.  145 

of  the  captain  under  whom  he  had  served,  containing  the  particu- 
lars of  his  hurts  and  services.  Upon  a  proper  certificate,  the  trea- 
surer might  allow  a  man  the  means  of  subsistence  until  the  next 
quarter-session,  when  the  justices  were  empowered  to  grant  him  a 
pension,  not  exceeding  L.10  to  a  soldier;  to  an  officer,  under  a 
lieutenant,  L.I 5;  to  a  lieutenant,  L.20. 

A  soldier  or  mariner  who  was  found  begging,  or  who  counter- 
feited a  certificate,  was  to  suffer  punishment  as  a  common  rogue, 
and  to  forfeit  any  pension  he  might  have. 

During  the  reign  of  Charles  I.  (1643,)  parliament  passed  an  act 
empowering  a  tax  to  be  levied  upon  the  parishes  in  England,  for 
the  purpose  of  raising  a  fund  for  the  relief  of  maimed  soldiers,  and 
the  widows  and  fatherless  children  of  slain  persons.  All  persons 
claiming  relief  from  this  fund  were  to  bring  a  certificate,  under  the 
hand  of  an  officer  belonging  to  the  regiment  "wherein  the  said 
soldiers  or  slain  persons  did  formerly  serve,  of  the  truth  of  their 
being  maimed  or  slain  in  the  said  service." 

By  a  statute  of  12th  King  Charles  II.,  all  officers  and  soldiers 
who  served  under  the  command  of  the  captain-general  of  the  king's 
forces  in  1660,  and  who  had  not  since  deserted  or  refused  to  take 
the  oaths  of  supremacy  arid  allegiance,  might  exercise  any  handi- 
craft or  trade  in  manner  following:  viz.  such  as  had  been  appren- 
tices might  exercise  such  trades  as  they  were  bound  to,  though  they 
served  not  out  their  lime,  with  like  immunities  as  if  they  had,  and 
all  other  such  trades  as  they  were  apt  and  able  for  in  the  towns  and 
places  within  the  several  counties  where  they  were  born  ;  and,  if 
implicated  or  indicted  for  the  same,  they  might  plead  the  general 
issue,  and  should  have  double  costs,  if  a  verdict  passed  against  the 
prosecutor,  or  if  he  was  non-suited  or  the  suit  disconiinued.  The 
privilege  of  exemption  from  penalties  for  exercising  trades  in  cor- 
porate towns  has  been  continued  to  discharged  soldiers,  their  wives 
and  children,  by  subsequent  acts  of  parliament,  to  the  56th  George 
III.  cap.  67. 

CHELSEA    HOSPITAL. 

Louis  XI\r.  founded  the  Hotel  Royal  des  Invalides  in  Paris  in 
1670.  On  the  16lh  February,  1682,  twelve  years  afe-,  the  first 
stone  of  the  Royal  hospital  at  Chelsea  was  laid  by  Charles  II.,  who 
was  attended  by  a  great  concourse  of  nobility  and  gentry.  How 
far  the  latter  monarch  intended  to  rival  the  magnificence  of  Louis 
XIV.  in  providing  for  his  disabled  soldiers,  it  is  difficult  to  conjec- 
ture. Several  large  subscriptions  were  received  from  wealthy  indi- 
viduals for  the  purpose  of  contributing  to  the  erection  of  Chelsea 
hospital.  The  construction  of  the  edifice  was  carried  enduring 
the  successive  reigns  of  Charles  II.,  James  II.,  William  and  Mary, 
and  finally  completed  in  1690.  The  whole  expense  incurred  in 
its  erection  is  said  to  have  amounted  to  L.150,000.  The  hospital, 
together  with  the  out  buildings,  gardens,  courts,  and  appurtenances, 
occupies  a  space  of  about  thirty-six  acres.  In  all  probability  the 


146  MARSHALL  ON  THE  ENLISTING,  ETC.  OF  SOLDIERS. 

hospital  was,  immediately  after  its  completion,  converted  to  the  pur- 
pose for  which  it  was  intended — namely,  the  accommodation  of 
"decayed  cavaliers."  Simon  Box,  the  first  person  who  was  buried 
in  the  ground  appropriated  to  the  interment  of  pensioners,  died  on 
the  23d  of  April,  1093.  Charles  II.  also  founded  Kilmainham 
hospital,  for  the  reception  of  disahled  soldiers  in  Ireland. 

The  affairs  of  Chelsea  hospital  are  managed  by  commissioners, 
appointed  by  patent  under  the  great  seal;  they  are  commonly  ear 
officio,  namely: 

The  Lord  President  of  the  Council, 

First  Lord  of  the  Treasury, 

Paymaster-General  of  the  Forces, 

Secretary  at  War, 

Comptroller  of  Army  Accounts, 

The  Governor  and  the  Lieutenant-Governor  of  the  Hospital. 

The  commissioners  hold  boards  for  the  admission  of  pensioners, 
and  the  internal  regulation  of  the  hospital. 

By  a  warrant  hearing  date  1684,  five  per  cent,  or  one-twentieth 
shilling  (poundage)  was  deducted  from  the  pay  of  every  officer  and 
soldier  in  the  army;  and  under  the  head  of  "hospital  money,"  one 
day's  gross  pay  annually.  The  amount  of  these  deductions  was 
chiefly  devoted  to  the  support  of  Chelsea  hospital.  In  M;iy,  1771, 
his  majesty  was  pleased  to  direct  that  the  private  men  of  the  infan- 
try should  he  exempted  from  poundage  in  those  dear  times,  as  also 
from  the  deduction  made  for  the  regimental  paymaster  and  surgeon, 
amounting  to  16s.  6d.  a  year-;  and  since  this  period,  1  believe, 
neither  "poundage"  nor  "hospital  money"  has  been  deducted  from 
the  soldiers'  pay.  These  deductions  were  made  from  the  pay  of 
commissioned  officers,  until  the  year  1783,  when  they  ceased. 

There  are  commonly  about  from  450  to  520  in-pensioners,  who 
are  divided  into  the  following  classes: 

Weekly  pay. 

29  captains  who  receive  each         .  .  3s.    6d. 

34  Serjeants       .         .         .         .         •  ^  2       0 

38  li«ht  horsemen          .  .  ^ 

36  corporals )  n     in 

17  drummers  ] 

privates 08 

Captains,  serjeanfs,  and  corporals,  are  appointed  from  the  most 
deserving  men.  The  "light  horse"  are  generally  selected  for  dis- 
tinguished conduct  in  the  army,  or  good  behaviour  while  in  the 
hospital :  they  have,  for  the  most  part,  been  Serjeants  in  regiments 
of  cavalry.  The  pensioners  are  clothed  in  a  uniform  of  scarlet, 
faced  with  blue. 

In  the  year  1695,  the  Earl  of  Randagh  vested  the  sum  of 
L.3250  in  the  hands  of  trustees,  and  directed  the  interest  to  be 


OUT-PENSIONERS.  147 

laid  out  in  purchasing  great-coats  for  the  pensioners  once  in  three 
years.  By  another  benefaction,  the  sum  of  L.60, 10s.  is  distributed 
among  the  pensioners  annually  on  the  29th  of  May. — (See  Note  /) 

OUT-PENSIONERS. 

The  hospital  at  Chelsea  was  perhaps  at  first  capable  of  accom- 
modating all  the  disabled  soldiers  who  were  considered  fit  objects 
for  the  bounty  of  government,  so  that  for  some  time  no  out-pension 
list  existed.  From  the  restoration  of  Charles  II.  (1660,)  to  a  com- 
paratively late  date,  a  portion  of  the  British  forces  consisted  of 
•'invalids."  The  men  of  these  corps  or  companies  were  soldiers 
partially  disabled  by  wounds,  or  veterans  who,  from  old  age  and 
length  of  service,  were  rendered  incapable  of  the  duties  of  an 
active  campaign,  but  who  were  still  judged  fit  for  garrison  duty. 
In  the  year  1731,  a  motion  was  made  in  the  house  of  commons, 
"That  a  sum  not  exceeding  L. 25, 348,  2s.  should  be  granted  to  his 
majesty,  upon  account  for  out-pensioriers  of  Chelsea  hospital  for 
the  year  1732."  During  the  debate  which  took  place  on  the  mo- 
tion, it  was  stated  that  the  several  bodies  of  invalids  amounted  to 
4000.  A  member  observed,  that  the  pensioners  were  "admitted  as 
old  and  infirm,  but  being  in,  they  seem  immortal,  their  numbers 
never  decrease;  surely  many  of  these  immortal  old  men  might 
have  served  as  good  soldiers  even  in  a  marching  regiment,  espe- 
cially in  peace,  when  there's  no  occasion  for  any  great  fatigue." 
Another  member,  who  had  been  a  commissioner  at  the  Chelsea 
board,  asserted  that,  while  he  was  so  employed,  every  care  had  been 
taken  to  admit  no  invalids  on  the  list  of  pensioners,  but  such  as 
were  disabled  in  the  service,  or  who  had  served  their  country  for 
at  least  twenty  years.  "We  have,"  said  he,  "made  them  strip  to 
the  skin,  the  better  to  judge  of  their  inability;  and  after  such  strict 
inquiry,  we  could  not  in  humanity  refuse  to  admit  them." 

Previously  to  1754,  the  pensioners  did  not  receive  their  pension 
until  a  year's  allowance  had  become  due;  but  a  bill  was  passed  in 
that  year,  authorising  the  pensions  of  discharged  soldiers  to  be  paid 
in  advance  at  half-yearly  periods:  and  to  this  bill  a  clause  was 
added,  enacting  that  all  contracts  should  be  void  by  which  a  pen- 
sion might  be  mortgaged.  The  out-pensioners  continued  to  be 
paid  half-yearly  until  1815,  when  an  act  of  parliament  was  passed 
to  enable  the  commissioners  of  Chelsea  hospital  to  pay  the  pensions 
quarterly,  which  mode  of  payment  continues.  Poundage  is  de- 
ducted from  the  amount  of  pensions,  in  consequence  of  the  issue 
being  made  in  advance. 

Invalid  soldiers  seem  to  have  been  originally  admitted  into  the 
Royil  hospital,  or  upon  the  out-pension  list,  in  different  modes. 
One  was  by  a  letter  addressed  to  the  commissioners  of  Chelsea 
hospital,  by  the  secretary  at  war,  signifying  his  majesty's  direc- 
tions that  certain  soldiers  should  be  admitted  as  pensioners,  pro- 
vided they  were  qualified.  Sometimes  the  communication  signified 


T48         MARSHALL  ON  THE  ENLISTING,  ETC.  OF  SOLDIERS. 

the  positive  commands  of  his  majesty.  ID  1761  or  1762,  a  warrant 
was  issued,  directing  that  no  person  should  he  made  a  pensioner 
unless  he  came  from  a  regiment,  and  appeared  in  person  before  the 
commissioners.  It  seems  also  that  he  forfeited  his  claim  to  a  pen- 
sion if  he  did  not  make  his  appearance  within  six  months  from 
the  time  he  was  discharged,  or  gave  a  good  reason  for  omitting  to 
do  so 

During  the  session  of  1806,  certain  acts  of  parliament  were 
passed,  in  pursuance  of  which  a  new  warrant  was  issued,  contain- 
ing a  code  of  "Orders  and  regulations  for  the  better  ordering  of 
our  army,  and  for  improving  the  condition  of  non-commissioned 
officers  and  soldiers,  and  for  fixing  the  pensions,  allowances,  and 
relief,  to  which  non-commissioned  officers  and  soldiers  are  to  be- 
come entitled  on  their  discharge,  by  reason  of  the  expiration  of 
certain  periods  of  service,  or  as  invalid,  disabled  or  wounded." 
The  warrant  is  dated  7th  of  October,  1806. 

Abstract  of  the  Orders  and  Regulations  contained  in  this  and 
several  subsequent  warrants  if'hich  were  issued  for  the  guid- 
ance of  the  Commissioners  of  Chelsea  Hospital, 

I. — Rates  of  pensions  of  men  who  shall  be  discharged  after  hav- 
ing completed  certain  periods  of  service;  namely,  14  years  in  the 
infantry,  and  17  years  in  the  cavalry:  serjeant-major,  quartermas- 
ter serjeant,  serjeanf,  corporal,  and  private,  5d.  per  day.  Rates  of 
pensions  after  having  served  21  years  in  the  infantry,  or  24  years 
in  the  cavalry:  serjeant-major  and  quartermaster  serjeant.  having 
served  three  years  as  such,  2s.;  serjeant,  from  Is.  to  Is.  lUd.  per 
day.  Half-penny  a  day  to  be  added  to  the  Is.  for  every  year  of  ser- 
vice as  a  corporal,  and  Id.  for  every  year  of  service  as  a  serjeant; 
but  the  pension  is  in  no  case  to  exceed  Is.  10d.:  corporals,  from 
Is.  to  Is.  6d.  Half-penny  a  day  to  be  added  to  the  Is.  for  every 
year  of  service  as  a  corporal,  but  the  pension  is  in  no  case  to  exceed 
Is.  6d. :  private,  Is.  per  day. 

To  non-commissioned  officers  or  privates  who  serve  after  twenty- 
one  and  twenty-four  years  respectively,  one  half-penny  a  day  to  be 
added  to  the  pension,  for  every  year  of  service  after  the  expiration 
of  these  periods,  without  limit  as  to  the  amount. 

II. — Rates  of  pensions  of  non-commissioned  officers,  and  soldiers 
discharged  as  disabled  or  unfit  for  service:  6d.  per  day,  if  unfit 
for  service,  but  able  to  earn  a  livelihood;  9d.  per  day  if  disabled. 
but  able  materially  to  assist  themselves;  Is.  per  day  if  disabled,  but 
able  to  contribute  something  towards  their  livelihood;  Is.  3d.  to 
Is.  6d.  per  day,  if  incapable  of  contributing  to  earn  a  livelihood. 

III.  The  third  class  of  pensions  were  obtained  by  men  in  conse- 
quence of  a  combination  of  claims,  namely,  length  of  service  and 
disabilities.  The  amount  of  the  pension  in  this  class  is  regulated 
by  the  degree  of  a  man's  disability  and  his  length  of  service:  thus, 
a  soldier  who,  in  respect  of  his  disability  merely,  would  be  placed 


OUT-PENSIONERS.  149 

on  either  of  the  two  lower  rates,  shall,  if  discharged  after  serving 
fourteen  years  in  the  infantry,  or  seventeen  in  the  cavalry,  be  en- 
titled to  the  pension  of  one  shilling. 

Soldiers  discharged  after  seven  years' service  in  the  infantry  or 
ten  in  the  cavalry,  were  to  be  allowed  to  reckon  one  year  for  every 
two  of  absence  subsequently  to  such  discharge,  and  to  be  entitled 
to  a  pension  of  5d.  on  the  expiration  of  fourteen  or  seventeen  years 
respectively,  but  registered  men  were  liable  to  serve  in  case  of  an 
emergency.  In  like  mariner,  when  men  were  discharged  after 
fourteen  or  seventeen  years'  service,  who  had  not  received  a  pen- 
sion, on  account  of  disability,  they  were  to  be  allowed  Jo  reckon 
one  year  for  every  two  of  absence  subsequently  to  such  discharge^ 
so  as  to  be  entitled  to  the  full  pension  of  Is.  a  day  at  the  expira- 
tion of  twenty-one  or  twenty-four  years  respectively. 

Soldiers  were  allowed  to  reckon  three  years  for  every  two  of  ser- 
vice in  the  West  or  East  Indies,  for  the  purpose  of  claiming  increase 
of  pay  and  pension  in  case  of  discharge. 

Such  is  an  abstract  of  that  part  of  Mr.  Windham's  act  which 
relates  to  the  granting  of  pensions.  By  this  bill  the  power  of  the 
crown  to  grant  or  take  away  pensions  was  abrogated,  and  it  gave 
to  the  soldier  a  claim  of  right  to  a  pension,  upon  the  condition  of 
Serving  for  ce/tain  periods  of  time,  or  if  he  were  discharged  as  dis- 
abled and  unfit  for  service,  without  reference  to  length  of  service. 

By  a  warrant  of  the  30th  June,  1812,  the  commissioners  of  Chel- 
sea Hospital  were  empowered  to  extend  the  rates  of  pension,  under 
certain  circumstances,  in  the  following  proportions: 

To  every  serjeant  who  shall  have  lost  more  than  one  limb,  or 
who  shall  have  received  such  other  bodily  injury  as  to  render  him 
totally  incapable  of  earning  a  livelihood,  or  to  subject  him  to  the 
necessity  of  requiring  personal  assistance,  a  rate  of  pension  not  ex- 
ceeding, per  day,  3s.  6d.;  to  every  corporal,  3s.;  to  every  private, 
2s.  6d. 

On  the  16th  February,  1818,  a  warrant  was  issued,  by  which  the 
following  rules  were  established: 

1.  That  the  rates  of  pension  to  he  granted  to  soldiers  enlisting 
subsequently  to  the  14th  March,  1818,  be  in  no  case  higher  than 
the  rate  of  full  pay  enjoyed  by  them  at  their  discharge,  excluding 
the  additional  pay,  if  any,  for  length  of  service. 

This  rule  was  essentially  necessary  to  prevent  malingering,  as  it 
could  hardly  be  expected  that  a  soldier  would  serve  cheerfully  and 
faithfully,  when  a  pecuniary  prize,  amounting  to  a  sum  above  his 
pay,  was  to  be  gained  by  successfully  feigning  a  disability,  and 
thereby  procuring  his  discharge. 

2.  That  in  reckoning  the  service  of  soldiers  claiming  pensions, 
no  distinction  be  made  between  service  in  the  East  or  West  Indies, 
and  service  in  any  other  part  of  his  majesty's  dominions. 

Under  the  provisions  of  Mr.  Windham's  act,  a  soldier  who  had 
served  in  the  East  or  West  Indies  might  be  entitled  to  a  service 


150          MARSHALL  ON  THE  ENLISTING,  ETC.  OF  SOLDIERS. 

pension  of  5d.  a-day  for  life  at  twenty-eight,  and  Is.  a-day  at  thirty- 
two  years  of  age. 

3.  That  soldiers  enlisting  subsequently  to  the  14th  of  March 
1818,  shall  not  be  allowed  to  reckon  absent  time  (one  year  for  two) 
as  in  Mr.  Windham's  act. 

I  am  not  aware  of  any  good  reason  which  can  be  assigned  for 
pensioning  men  on  account  of  "absent  time."  Registered  men 
might  be  called  out,  no  doubt,  in  cases  of  emergency;  but  it  would 
have  been  much  easier  to  raise  young  recruits,  and  to  make  them 
adepts  in  the  military  exercise,  than  to  induce  reluctant,  and  con- 
sequently malingering  pensioners,  to  perform  their  duty  efficiently. 

4.  That,  with  respect  to  soldiers  at  present  serving,  the  com- 
missioners of  Chelsea  Hospital  shall  have  the  discretion  of  grant- 
ing, as  a  final  pension,  more  than  5d.  arid  less  than  Is.  to  those 
who  shall   have  served  more  than  fourteen  years  and   less  than 
twenty-one  years  in  the  infantry,  or  more  than  seventeen  and  less 
than  twenty  four  in  the  cavalry,  according  to  the  number  of  years 
such  soldiers  shall  have  served. 

5.  That  the  commissioners  shall  not  grant  pensions,  in  respect 
of  disability,  unless  such  disability  be  stated  in  the  discharge  of  the 
soldier  to  have  been  contracted  on  service.     Commanding  officers 
to  recommend  the  discharged  soldier,  when. they  thirfk  him  deserv- 
ing of  recommendation. 

This  rule  was  evidently  framed  for  the  purpose  of  excluding 
from  the  bounty  of  government  all  those  individuals  who  had  be- 
come disabled,  except  by  the  exigencies  of  the  service. 

According  to  the  warrants  of  tbe  22d  March,  1822,  and  4th  No- 
vember. 1826,  no  soldier,  who  enlisted  after  the  24th  April,  1822, 
shall  be  entitled  to  a  pension  for  service  alone,  until  he  shall  have 
completed  twenty-one  years  in  the  infantry,  or  twenty-four  in  the 
cavalry. 

In  the  appreciation  of  a  man's  claim  on  account  of  disabilities, 
the  board  is  assisted  by  the  assistant  surgeon  of  Chelsea  Hospital 
and  the  principal  medical  officer  attached  to  the  invalid  depot, 
Chatham,  or  a  staff-surgeon  belonging  to  that  establishment.  The 
discharge  of  a  man,  who  receives  a  pension,  is  retained  at  Chelsea 
Hospital,  being  the  record  upon  which  the  bounty  of  government 
is  granted.  In  the  working  of  this  system,  the  commissioners  used 
to  exercise  considerable  discretion  in  regard  to  the  amount  of  pen- 
sions given  in  particular  cases,  the  following  pensions  being  com- 
monly awarded  on  account  of  specific  disabilities,  without  reference 
to  the  service  of  the  parties;  and,  except  in  particular  instances, 
little  attention  was  paid  to  rank. 

Per  Diem. 

Total  blindness,  Is.  9d. 

A  serjeant  when  blind,  2     0 

Loss  of  one  eye,  0     9 


OUT-PENSIONERS.  151 

the  elbow-ioint,        -  -       0     9 


Amputation  of  -, 

<  above,                -             -  -.  k          10 

an  arm,          J    .    ,       ,      ,j      •  •   .  -,     /• 

(  at  the  shoulder-joint,  -       1     6 

Amputation  of  (  below  the  knee,  0     9 

a  leg,  i  above,  -10 

Hernia  5  sinffle'  °     6 

J  double,        -  -       0     9 

When  a  soldier  was  entitled  to  one  shilling  per  diem,  or  above 
that  amount,  on  account  of  service  alone,  and  was  discharged  for 
any  ordinary  disability,  he  was  commonly  awarded  to  the  amount 
of  the  service  rate  only,  inasmuch  as  the  board  considered  that 
such  rate  was  an  adequate  remuneration.  He  generally  obiained 
a  pension  according  to  the  claim  which  was  most  favourable  to 
him,  whether  it  were  on  account  of  length  of  service,  or  the  degree 
of  his  disability. 

The  commissioners  carried  the  4th  article  of  the  warrant  of  the 
16th  February,  1818,  into  effect,  according  to  the  following  scale: — 

Cavalry.  Infantry.  per^Diem. 

17  years'  service,  and  under  18          14  and  under  15          Os.  5d. 

18  ditto  20          15       ditto       17          07 
20                  ditto                   24          17       ditto       21          09 

According  to  the  regulations  of  1806,  a  soldier  had  a  legal  right 
to  a  pension  for  life,  when  he  had  served  a  prescribed  period,  or 
was  discharged  in  consequence  of  being  disabled  and  unfit  for  ser- 
vice, provided  that  he  was  not  specifically  deprived  of  (bat  right 
by  the  sentence  of  a  court-martial,  or  that  the  disability  for  which 
he  was  discharged  was  not  occasioned  by  "vice  or  misconduct." 
The  "vice  or  misconduct"  contemplated  in  the  act  is  defined  to  be 
conduct  which  occasions  a  physical  disability,  such  as  voluntary 
maiming,  &c. 

In  framing  these  regulations  it  does  not  appear  to  have  been  con- 
temp'ated  that  a  soldier  might  become  disqualified  for  the  service 
by  disgraceful  conduct.  According  to  the  opinion  of  .counsel,  moral 
depravity  does  not.  under  this  act,  cancel  a  soldier's  claim  to  a  pen- 
sion for  length  of  service.  Hence,  when  a  man  has  served  the 
prescribed  period  which  entitles  him  to  a  pension,  he  may  procure 
his  discharge  by  feigning  disabilities,  or,  by  the  commission  of 
crimes,  which  may  render  it  expedient  to  discharge  him  from  a 
corps. 

The  commissioners  of  Chelsea  hospital  were,  therefore,  in  a  great 
measure,  prevented  from  exercising  a  discretionary  power  in  regard 
to  the  character  and  conduct  of  a  man  when  they  awarded  him  a 
pension.  When  a  soldier  who  had  been  "discharged  as  disabled 
or  unfit  for  service,"  was  brought  before  the  board,  the  chief  busi- 
ness of  the  commissioners  was  to  apportion  a  pension  according  to 
the  alleged  disability  or  degree  otunfilness  for  labour. 


152 


MARSHALL  ON  THE  ENLISTING,  ETC.  OP  SOLDIERS. 


The  following  statement  will  show  the  numbers  on  the 
Pension  List  from  1741  to  the  year  1831. 


Years. 

Pensioners. 

Amount  of 
pensions. 

Mean  rate  of 
pensions. 

1741 

3,865 

S.       D. 

1745 

5,133 

1750 

9,087 





1755 

Q  A9-) 

1760 

6,612 



176*1 

1  K  000 

1770 

1  K  QOQ 

1775 

15,770 

1780 

10,961 

1785 

20,273 

I'/  90 

20,091 

1792 

20,150 

158,102 

0     54 

1795 

16.995 

133.375 

o   54 

1800 

16.695 

132,298 

0     54 

1805 

22.290 

187,281 

0     5 

1810 

-.23,050 

.       417,035 

1     0 

1815 

36,757 

665,646 

1     0 

1820 

55,911 

972.704 

o  114 

1825 

81.877 

1.350.113 

0  10i* 

1826 

82,734 

1,372.330 

0  10 

1827 

85,515 

1,420,464 

0  10  , 

1828 

85.835 

1,437,756 

0  10] 

1829 

85.756 

1,436,663 

0   I  Of 

1830 

«K  724 

1831 

84,534 

This  statement  shows  that  the  pension  list  gradually  increased 
during  a  long  period  of  profound  peace, — a  circumstance  which 
indicates  that  the  regulations  required  alteration.  A  larjie  propor- 
tion of  the  pensioners  in  1829  were  neither  old  men,  nor  suffering 
under  serious  disabilities,  as  may  be  inferred  from  the  annual  ratio 
of  mortality,  which  was  only  between  three  and  a  half  and  four 
per  cent.  There  were,  in  182S,  19,OUO  men  on  the  Chelsea  list, 
whose  mean  age  was  about  thirty-one  years,  and  who  received  six- 
pence a  day  in  consequence  of  alleged  disabilities.  During  the 
year  1828,  ninety  men  were  placed  on  the  out-pension  V\*t  who 
had  not  served  two  years,  or  reached  twenty-two  years  of  a<,re.  A 
system  under  which  soldiers  could,  for  very  short  service,  be  pen- 


1  The  Kilmainham  pensioners  were  this  year  (1825)  joined  to  the  Chelsea 
pensioners. 


OUT-PENSIONERS. 


153 


sioned  for  life,  easily  accounts  for  the  constantly  increasing  num- 
bers of  pensioners.  A  facility  of  quitting  trie  service  on  false 
grounds,  whether  a  man  receives  a  pension  or  not,  is  calculated  to 
encourage  imposition,  and  to  injure  the  iliscipline  of  the  army. 

To  show  the  practical  operation  of  Mr.  Windham's  act,  1  have 
subjoined  a  return  of  the  number  of  men  admitted  on  the  pension 
list  during  the  year  1828.  distinguishing  the  average  age  and  length 
of  service,  and  the  proportion  per  cent,  of  the  men  discharged  after 
each  period  of  service. 


Number. 

Average  age 
about 

Period  of  service. 

Proportion  p  r 
cent,  of  tbe  num- 
ber discharged. 

90 

21  years. 

From  1  to    2  years. 

4.1 

123 

24 

3—    5 

5.5 

192 

29 

5—10 

8.7 

326 

33 

10  —  13 

14.8 

176 

34 

14  —  15 

8. 

785 

37 

15  —20 

35.8 

188 

4i 

21  —22 

8.5 

118 

41 

22—23 

5.4 

65 

43 

23—24 

3. 

76 

44 

24—25 

3.8 

17 

43 

25  —26 

8 

6 

47 

26  —  27 

3 

7 

48 

27  —  28 

3 

12 

47 

28—29 

5 

6 

52 

29  —  30 

3 

4 

51 

30  and  upwards 

1 

2190 

100 

The  out-pension  list  amounted,  in  1823,  to  81,189,  and  in  1827 
it  was  85,515 ;  showing  a  great  annual  increment  of  permanent 
pensions.  The  number  of  men  discharged  on  account  of  disabili- 
ties, from  1823  to  1827,  both  years  inclusive,  amounted  to  18,378, 
or  annually,  3,675 — a  number  equal  to  about  3.7  per  cent,  of  the 
army-  Of  the  18,378  alleged  disabled  men  who  were  discharged, 
17,486  were  pensioned  for  life  under  the  subjoined  three  classes  of 
claims. 

It  would  be  interesting  to  ascertain  what  has  been  the  ratio  of 
mortality  among  the  1714  men,  (see  next  table,)  who  were  pensioned 
on  account  of  alleged  disabilities  at  the  mean  age  oftwenty-fouryears. 

Sir  Henry  Hardinge  instituted  an  investigation  into  the  pension 
list  in  1828,  and,  owing  to  his  exertions,  the  increment  during  that 
year  exceeded  the  decrement  by  only  319.  In  1829,  the  list 
amounted  to  85,756,  which  was  a  reduction  of  seventy-eight  below 
the  list  of  the  year  1828,  and  the  amount  of  charge  was  less  by 
L.1093. 


154 


MARSHALL  ON  THE   ENLISTING,   ETC.  OF  SOLDIERS. 


Oj     Q 

V. 

•i 

L* 

CC  .^ 

o    . 

• 

QJ 

«-     CO 

r" 

CO 

.0 

a 

5| 

^  «>"£ 

c 

0) 

3 

o>  c- 

S  o> 

w 

& 

S'o 

~-.  fi 

s 

Yrs.   Mths. 

Yrs.   Mths. 

S.      C/. 

Alleged  disabilities,  ) 

without    reference   to  > 

1,714 

0     7 

4          4 

24          0 

length  of  service,          ) 

Alleged  disabilities,  ) 
and  service  combined,  \ 

5,475 

0     84- 

13         10 

33          3 

Alleged    "worn        ) 

out,"     pensioned    for  > 

10,297 

1     0* 

22          2 

40          2 

ength  of  service.        ) 

17,486 

(Subjoined  is  a  detailed  statement  of  the  numbers  at  present  on 
the  pension  list,  extracted  from  the  army  estimates,  18th  Feb.  1839. 

Out-Pensioners  of  Chelsea  Hospital. 


a 

in 

CS    .J 

. 

E 

0 

£2  oi 

£2 

V 

JP    ? 

a 

a 

0      I 
J3  GO 

"a 

c 

~4>    £ 

c 
a 

CO 

a 

J£ 

Rate. 

For  one  day. 

5  oo 

be 

cd   Q 

*^  br 

o 

2 

3  —I 

V 

—   cv 

»  -- 

S 

Q) 

k_. 

O 

5 

K 

CQ  CU 

CO  — 

r1 

T         «        n 

2 

2 

, 

2 

at  24d.  a  day. 

JLj.             b.               I/. 

005 

1 

3 

1 

« 

4 

3 

010 

35 

19 

14 

33 

41 

0    13      Of 

4,728 

2,114 

1,097 

1,363 

4,574 

5 

95      5    10 

27 

24 

41 

24 

54 

0    11      0 

15,024 

13,653 

98 

946 

14,738 

6 

368      9     0 

25 

25 

25 

64 

0      3      64 

2,167 

2,003 

18 

85 

2,106 

7 

61      8     6 

15 

14 

14 

74 

089 

471 

450 

34 

484 

8 

16      2     8 

20 

19 

19 

84 

0    13     5§ 

13,182 

11,732 

5 

23 

1,012 

6 

12,778 

9 

479      3     6 

29 

28 

28 

9J 

122 

1,546 

1,489 

18 

61 

1,568 

10 

65      6     8 

21 

20 

20 

104 

0    17      6 

30 

12 

28 

40 

11 

1     16      S 

42 

14 

26 

40 

114 

I    18      4 

2 

2 

2 

lif 

0      1    114 

18.157 

15,093 

17 

50 

2,430 

1 

17,591 

Is. 

879    11      0 

22,369 

19,424 

3 

1 

3,388 

22,816 

* 

1551      7      8 

1,439 

1,214 

2 

6 

243 

1,465 

Between 

162      6      0 

79,332 

66,767 

1,711 

83 

9,748 

62 

78,371 

do.  for  1  day. 

36S7    18      Si 

Which  for  366  days  is  L.  1,349,783  19s.  74d. 

*  At  various  rates  between  Is.  and  2s.  a  day,  in  consideration  of  being  totally  dis- 
abled by  blindness,  or  otherwise,  or  of  having  been  more  than  21  years  in  the  infantry, 
or  24  in  the  cavalry. 


PENSIONING  WARRANT.  155 

II. — Pensioning"  Warrant,  1829. 

General  Heads  of  Arrangement  of  the  Regulations  for  Pen- 
sioning Soldiers. 

REVISED  WARRANT,  canceling  all  existing  warrants,  regu- 
lations, &c. 
Articles. 

1    to  14.     Division  of  pensions  into  four  classes. 
1st.  Length  of  service. 
2cl.    Wounds  received  in  action. 
3d.    Disabilities,  after  14  years'  service. 
4th.  Disabilities,  under  14  years'  service. 
15  to  21.     Special  rases  of  disability,  how  to  be  dealt  with. 
22  to  33.     Forfeiture  of  pension  for  misconduct,  specified  in  each 

article. 
34  and  35.    Commutation  of  pension  for  a  sum  of  money  or  grant 

of  land. 
3(3  to  45.     Rules  in  reckoning  service,  showing  what  description 

of  service  will  be  admitted  or  excluded. 

46  to  56.     Conditions  under  which  discharges  may  be  obtained. 
57  to  62.     Deductions  to  which  the  pensioner  is  liable. 

GEORGE   R. 

WHEREAS  we  have  judged  it  expedient  to  revise, 
amend,  and  consolidate  the  rules,  orders,  and  regulations,  which, 
in  furtherance  of  various  acts  of  parliament,  have  from  time  to  time 
been  established  for  the  better  ordering  of  our  army,  and  for  im- 
proving the  condition  of  soldiers,  by  granting  them  pensions,  allow- 
ances, and  relief,  on  their  discharge  after  certain  periods  of  service, 
as  wounded,  disabled,  or  invalided,  in  our  service  : 
7th  Oct'r.  1806.  Our  will  and  pleasure  therefore  is,  that  the  seve- 
22' I1  J^ne  1£12'  ral  warrants  bearing  the  respective  dates  specified  in 

28th  Feb.  1814.  •       t_          r  ii         i    "         j 

25th  Mar.  1816      *ne  mar£m  hereof,  and  that  all  rules,  orders,  and 

19th  Dec.  1816.  regulations  consequent  thereupon,  shall  (subject  to 

I6ih  Feb.  1818.  the  reservation  herein  contained)  be  void;  and  that 

28th  JuTy  1823  H1  'leu  tnere°f>  lne  rules,  orders,  and  regulations  an- 

I9ih  Au£.  1823!  nexed  to  this  our  warrant,  shall   henceforth  be  in 

4th  Nov'r.  1826.      force. 

It  is  our  further  will  and  pleasure  to  reserve  and  continue  to  all 
non-commissioned  officers  and  soldiers  enlisted  before  the  first  day 
of  December,  1829,  every  benefit  to  which  they  may  respectively 
be  entitled  under  the  warrants  and  regulations  hereby  made  void. 

And  we  do  hereby  direct  and  order,  that  the  commissioners  of 
our  Royal  hospital  at  Chelsea,  as  well  as  all  other  persons  whom  it 
may  in  any  wise  concern,  shall  strictly  observe  and  obey  this  our 
warrant,  and  the  regulations  annexed  to  it. 

Given  at  our  court  at  Windsor,  this  fourteenth  day  of  Novem- 
ber, 1829,  in  the  tenth  year  of  our  reign. 

By  his  majesty's  command, 

HENRY  HARDINGE. 


156         MARSHALL  ON  THE  ENLISTING,  ETC.  OF  SOLDIERS. 


Regulations. 

1.  All  non-commissioned  officers  and  soldiers  enlisted  previously 
to  the  first  day  of  December,  1829,  shall,  as  regards  their  right  to 
claim  pensions  for  service  and  wounds,  remain  entitled  to  every 
benefit  or  provision  which  they  can  at  present  claim  under  any 
warrants  or  regulations  which  were  in  force  at  the  time  of  their 
enlistment;  but  the  following  rules  and  regulations  only  shall  be 
in  force,  and  applicable  to  all  non-commissioned  officers  and  sol- 
diers enlisted  after  the  thirtieth  day  of  November,  1829. 

2.  Claims  for  pensions  shall  be  divided  into  the  four  following1 
classes : 

First  class. — Length  of  service. 

Second  class. — Wounds  received  in  action. 

Third  class. — Disabilities  contracted  in  the  service,  after  fourteen 
years'  service. 

Fourth  class. — Disabilities  contracted  in  the  service,  under  four- 
teen years'  service. 

FIRST  CLASS. — Length  of  Service. 

3.  A  soldier  enlisted  for  unlimited  service  has  no  claim,  as  a 
matter  of  right,  to  his  discharge,  either  with  or  without  a  pension, 
after  any  period  of  service,  however  long. 

4.  No  soldier,  when  discharged,  shall  be  allowed  a  pension  for 
length  of  service  alone,  unless  he  shall  have  served  twenty-four 
complete  years  in  the  cavalry,  or  twenty-one  years  in  the  infantry; 
but,  when  discharged  after  those  periods  of  service,  he  may  be 
allowed  a  pension,  not  exceeding  the  under-mentioned  rates,  viz: 

Private. 


After  Years          Rates 

of  Service.  per  Diem. 

f    n      ,         (    24  Is.     Od. 

If  discharegd  on  account  ""?     \    28  1 

of  the  public  service.  T  r  ^21  10 

Infantry 


If  discharged  at  his  own      (    Cavalry         24  0     10 

request.  (    Infantry         21  0     10 

Soldiers  are  bound  to  serve  until  they  are  legally  discharged  ; 
but  this  tontract  is  not  mutual,  inasmuch  as  a  soldier  may  be  "dis- 
charged on  account  of  the  public  service,"  whenever  it  is  deemed 
expedient  by  government  to  do  so,  and  without  his  consent  being 
required  for  that  purpose.  Soldiers  are  said  to  be  "discharged  on 
account  of  the  public  service,"  when  they  receive  their  discharge 
in  consequence  of  "ttnfilness  for  service."  Men  belonging  to  the 
infantry,  who  enlisted  previously  to  1833;  and  who  have  served 


PENSIONING  WARRANT  1829.  167 

21  years,  and  have  been  discharged  as  disqualified  for  military 
duty,  become  entitled  to  an  annuity  of  Is.  a  day  for  life;  hut  if  a 
man  be  discharged  at  his  own  request,  after  a  service  of  the  same 
period,  he  receives  only  10(1.  a  day.  The  practical  effect  of  this 
regulation  will  be  to  promote  the  simulation  of  disabilities,  inas- 
much as  an  alleged  infirm  man  will  receive  2d.  a  day  more  than  a 
mar;,  with  the  same  service,  who  does  not  allege  that  he  is  unfit  for 
military  duty.  If  a  discharge  from  the  army  and  a  pension  can 
be  more  easily  obtained  by  a  soldier,  on  account  of  alleged  disabili- 
ties, than  after  the  same  length  of  service  without  any  specific 
infirmity,  disabilities  will  come  upon  him  all  at  once,  when  he  has 
completed  the  period  of  21  or  22  years  in  the  army;  and  if  a  man 
who  has  served  that  time,  including  the  usual  share  of  foreign 
service,  alleges  that  his  strength  is  inadequate  for  military  duties, 
worn  out  in  fact,  or  that  he  suffers  from  rheumatism,  what  medical 
man  will  have  the  hardihood  to  gainsay  him?  But  it  may  he 
asked,  ought  alleged  disabilities  to  enhance  the  claim  of  a  soldier 
to  a  pension,  after  21  years'  service?  Impaired  health  is  rarely  an 
evidence  of  merit  in  a  soldier — it  is  frequently  a  result  of  culpable 
conduct,  intemperance,  moral  delinquency ;  and  consequently, 
when  a  man  is  discharged  on  account  of  alleged  disabilities,  he 
may  be  indebted  for  the  extra  2d.  a  day  to  moral  or  physical  infir- 
mities, rather  than  to  good  conduct  or  a  meritorious  character. 
Health  and  efficiency  in  an  old  soldier  may  be  considered  as  tolera- 
bly conclusive  evidence  that  he  has  lived  temperately,  performed 
his  duty  regularly,  and  conducted  himself  creditably. 

The  practice  of  other  powers  in  regard  to  the  remuneration  of 
soldiers,  after  certain  periods  of  service,  deserves  consideration. 
When  the  Duke  de  Choiseul  became  minister  at  war,  in  1761,  he 
fixed  a  soldier's  engagement  in  the  French  army  at  eight  years. 
Those  who  re-enlisted  at  the  expiration  of  that  period  were  entitled, 
at  the  end  of  sixteen  years,  to  half-pay  and  clothing,  and  if  they 
served  a  third  period  of  eight  years,  they  retired  with  full  pay  and 
clothing,  without  reference  to  disabilities. 

In  the  East  India  Company's  service,  Serjeants  of  the  European 
force,  who  have  served  twenty-one  years,  whereof  the  last  eight 
have  been  in  that  capacity,  are  entitled  to  receive,  during  life, 
a  pension  of  Is.  9d.  a-day,  and  those  who  have  lost  a  limb  2s. 
a-day. 

Serjeants  who  have  served  fourteen  years  in  the  company's  army, 
and  who  have  been  discharged  on  account  of  debilitated  constitu- 
tions, are  entitled  to  Is.  a  day  for  life. 

All  corporals  and  privates  discharged  at  their  own  request,  after 
twenty-one  years'  service,  are  to  receive  Is.  a-day;  and  corporals 
and  privates  after  fourteen  years'  service,  discharged  as  unfit  on 
account  of  broken  constitutions,  are  entitled  to  receive  ninepencc 
a-day. 

In  the  army  of  the  United  States  of  America,  each  recruit  who 
enlists  for  a  period  of  five  years  is  allowed   a  premium  of  124 
8— e  11  mar 


MARSHALL  ON  THE   ENLFSTING,   ETC.  OF  SOLDIERS. 

dollars.  50  to  he  paid  at  enlistment,  50  after  joining  a  regiment,  and 
24  when  he  is  discharged;  and  each  non  commissioned  officer  and 
private  becomes  entitled  to  receive  in  possession  320  acres  oi  land 
when  he  is  honourably  discharged.  By  a  law  passed  in  1816.  the 
legal  representatives  of  soldiers  who  were  killed  or  died  in  the 
service,  were  allowed  to  claim  the  bounty  of  land  by  virtue  of  their 
right.  (Dr.  Seybert,  Statistical  Annals,  page  591.) 

The  commissioners,  in  their  report  on  the  subject  of  military 
punishments,  suggest,  that  "  no  consideration  of  expense,  within 
reasonable  bounds,  should  be  allowed  to  stand  in  the  way  of 
attending  to  the  comforts  of  the  soldier  while  in  the  service,  and 
of  a  sufficient  pension  for  the  good  and  deserving  men,  after  the 
service  has  been  performed^' — a  recommendation  with  which  I 
most  cordially  agree.  Rash  and  imprudent  contracts  may  be 
entered  into  by  parties,  but  they  will  not  be  cheerfully  fulfilled,  nor 
will  compulsion  efficiently  enforce  them,  unless  the  terms  of  the 
agreement  are  found  upon  trial  to  be  mutually  advantageous.  A 
recruit  commonly  enlists  when  he  is  a  minor,  and  ignorant  of  all 
the  consequences  of  his  engagement ;  but  by  exposing  himself  to 
death  and  mutilation,  or  the  diseases  and  mortality  of  tropical 
climates,  he  acquires  a  strong  claim  to  an  adequate  means  of  sub- 
sistence, when,  from  long  service,  he  becomes  unfit  for  the  duties  of 
his  profession. 

5.  If  a  soldier  shall  be  discharged  on  reduction  or  disbandtnenl 
of  his  corps  after  a  service  of  fourteen  years,  but  under  twenty-four 
years  in  the  cavalry,  or  twenty-one  years  in  the  infantry,  he  may,  at 
the  discretion  of  the  commissioners,  be  allowed  the  gratuity  speci- 
fied in  article  46  of  these  regulations;  and  shall   be  eligible  to 
re-enter  the  service,  according  to  the  rule  laid  down  in  article  41. 

6.  Serjeant-major,  quarter-master-serjeants,  troop  scrjeants-major, 
colour-serjeants,  Serjeants  and  corporals,  shall  have  their  pensions 
computed  at  the  same  rate  as  privates,  with  the  following  addition 
for  every  year  of  service  as  non-commissioned  officers,  viz. 

Serjeants-major         2£d.  ]  { 2s.  4d. 

Quarter-master    {     0,     I  Total  pension  for  service  not     I  Oo  01 

•  >       /£(!.  j  I   /iS.  /w(J. 

Serjeants  $  f      to  exceed     - 

Serjeants  Id.    j  |  Is.  lOd. 

Corporals  0|d. }  (  Is.  4d. 

Provided  always  that  the  non-commissioned  officer  shall  have 
served  twenty-four  years  in  the  cavalry,  or  twenty-one  years  in  the 
infantry,  and  shall  have  been  discharged  as  a  non-commissioned 
officer,  having  served,  without  interruption,  as  such  for  the  three 
years  immediately  preceding  his  discharge.  And  no  non-commis- 
sioned officer  shall  receive  the  aforesaid  superior  rates,  if  discharged 
whilst  holding  an  inferior  rank. 

The  period  during  which  any  soldier  may  have  been  employed 
as  an  acting  /ance-serjeant  or  corporal,  shall  not  be  allowed  to 
reckon  as  non-commissioned  officers'  service. 


ft  if*  .   -'.<> 

PENSIONING   WARRANT   1829. 


159 


A  soldier  exchanging  from  cavalry  to  infantry,  or  from  any 
regular  service,  shall  reckon  his  service  according  to  the  regula- 
tions applicable  to  the  corps  in  which  he  may  be  serving  when 
discharged. 

[When  a  non-cotnmissioned  officer  is  discharged  at  his  own 
request,  a  diminution  of  twopence  a  day  shall  be  made  in  all  ranks, 
from  the  rate  of  the  pension  to  which  fie  would  otherwise,  according 
to  the  scale  in  this  article,  he  entitled  for  actual  service.] — Art.  6, 
by  order  of  the  king,  signified  to  the  secretary  at  war,  July  30, 
Ib30.—  H.H. 

SECOND  CLASS. —  Wounds  received  in  action. 

f'M    01 

7.  The  daily  rates  of  pensions  for  wounds  or  injuries  received  in 
action  are  to  be  governed  by  the  rules  contained  in  the  following 
schedule:  viz. 


First  Degree. 

Second  Degree. 

Third  Degree. 

Fourth 

Degree. 

Men  losing  two 

Men  able  to  con- 
tribute in  a  small 
degree  towards    a 
livelihood. 

limbs,  or  both  eyes. 

from    wo 

inds,    or 

Men  ah 

le  to  1:011- 

RANK. 

being  so    severely       Men  rendered  in- 
wounded  as  to  be  capable  of  earning  a 
totally     incapable  livelihood,    but    not 
of  earning  a  livcli-  requiring  the  care  of 
lio  (1,   and    to    re-  ano.her  person 

tribute    materially 
towards     a    liveli- 
hood, althoug  i  un- 
fit for  the  ordinary 
duties   of  the    ser- 

quire   the     assist-1 

vice. 

ance  and 

care    of 

some  other  person. 

From 

To 

From        To 

From 

To 

From 

To 

*.  d. 

s.    d. 

s.     d.     s.    d. 

*.    d. 

s.  d. 

*.     d. 

*.    d. 

Serjeant 

2    6 

362030 

1     6 

2    0 

1      0 

i     6 

Corpora! 

2     0 

3    0 

1620 

1     0 

1    6 

0      9 

I     0 

Private 

1     6 

2     0 

1016 

0     9 

1    0 

0      6 

0    9 

'¥ 

8.  In  cases  of  severe  wounds  or  injuries  received  in  action,  the 
pension  shall  be  fixed,  according  to  the  rates  in  the  foregoing  sche- 
dule, by  the  commissioners  of  Chelsea  hospital,  who  will  grant  the 
lowest  or  the  highest,  or  any  intermediate  rate,  according  to  the 
degree  of  the  injury  received,  the  length  of  the  soldier's  previous 
service,  his  character,  or  any  peculiar  circumstances  attending  his 
conduct  at  the  time  the  wound  was  received. 

£« 

THIRD  CLASS. — Disabilities  or   injuries  contracted  on   service, 
after  fourteen  years'  service. 

9.  Any  non-commissioned  officer  or  soldier  discharged  after 
fourteen  years'  service,  but  under  twenty-four  years  in  the  cavalry, 
or  under  twenty-one  in  the  infantry,  for  a  permanent  disability  con- 
tracted by  and  in  the  service,  may  be  awarded  a  permanent  pension 
at  the  following  rates,  viz. 


160          MARSHALL  ON  THE  ENLISTING,  ETC.  OF  SOLDIERS. 

A  Serjeant,  from  9d.  to  Is.  3d. 

A  corporal,  from  7d.  to  Is.  Od. 

A  private,  from  6d.  to  Os.  9d. 

Provided  that  the  serjeant  or  corporal  shall  have  served  at  least 
five  years  in  the  rank  he  holds  when  discharged,  and  that  the 
disability  was  not  occasioned  by  any  want  of  proper  care  on  his 
own  part.  But  unless  the  injury  for  which  the  soldier  may  have 
been  discharged  be  considered  by  the  commissioners  to  be  perma- 
nent, he  shall  be  awarded  a  conditional  pension  only,  at  their 
discretion. 

I  presume  the  period  of  "Jive  years"  mentioned  in  this  article, 
must  be  uninterrupted. 

The  term  "conditional  pension"  implies  that  the  soldier  shall  be 
liable  to  occasional  examinations,  and  that  the  bounty  of  govern- 
ment is  not  intended  to  be  allowed  for  a  longer  period  than  the 
actual  existence  of  the  disability  for  which  he  was  considered 
disqualified  for  the  service  and  discharged. 

In  the  French  army,  all  persons  who  have  been  pensioned  on 
account  of  disabilities  under  twenty  years'  service,  are  held  liable 
to  be  examined  annually  by  medical  officers  until  they  reach  fifty 
years  of  age,  for  the  purpose  of  ascertaining  whether  they  continue 
disabled.  Those  who  recover  have  the  option  of  joining  the  army 
or  not,  but  the  pension  ceases  if  they  remain  at  home.  It  would 
appear  that  a  considerable  portion  of  the  Chelsea  pensioners  do  not 
labour  under  disabling  infirmities.  Of  about  26.000  pensioners 
that  were  in  Ireland  in  1828,  60UO  were,  upon  examination,  found 
fit  for  service  in  the  field  or  in  a  garrison  ;  and  when  the  pensioners 
who  receive  less  than  one  shilling  per  day  in  Great  Britain  were 
examined  early  in  1831,  from  one  third  to  one  half  of  the  whole 
number  were  found  fit  for  military  duty.  In  one  station  of  1300 
pensioners  which  were  inspected,  600  were  returned  fit  for  duty. 
The  most  surprising  recoveries  had  taken  place.  Men  who  had 
been  discharged  as  blind  were  restored  to  sight,  the  deaf  heard, 
and  the  lame  ceased  to  halt. 

10.  The  precise  amount  of  pension   for  permanent  disabilities 
mfter  fourteen  years'  service  shall  be  regulated  at  the  discretion  of 
ihe  commissioners  of  Chelsea  hospital,  according  to  the  time  the 
soldier  may  have  served  ;  the  climate  in  which  he  may  have  been 
serving;  the  degree  of  the  disability  as  affecting  his  means  of  earn- 
ing a  livelihood,  and  his  good  conduct  whilst  serving ;    but  no 
pension  shall  be  granted  on  account  of  disability,  if  it  has  been 
occasioned  by  vice,  intemperance,  or  misconduct. 

FOURTH  CLASS. — I.  Disabilities  under  fourteen  years'  service. 

11.  Any  non-commissioned  officer  or  soldier  discharged  tinder 
fourteen  years'  service,  in  consequence  of  disability  contracted  in 
and  by  the  service,  and  not  from  a  want  of  proper  care  on  his  part, 


PENSIONING  WARRANT  1829.  161 

may,  at  the  discretion  of  the  commissioners,  be  awarded  a  tempo- 
rary pension,  according  to  the  following  scale : 

Under  14  years,  and  above  10  years'  service;  a  temporary  pen- 
sion of  6d.  a  day  for  a  period  extending  from  two  to  three  years. 
Under  10  years,  and  above  7  years'  service;  6d.  a  day  from  one  tr> 
two  years.  Under  7  years'  service  ;  (id.  a  day  from  one  to  eighteen 
months. 

In  special  cases,  where  a  gratuity  in  money,  proportioned  to  the 
length  of  the  soldier's  service,  may  be  considered  more  advantageous 
to  his  interests  than  a  temporary  pension,  a  sum  varying  from  £1 
to  £18  may  be  given  him,  as  a  commutation,  under  the  authority 
of  the  secretary  at  war,  if  the  soldier  be  discharged  without  being 
examined  by  the  commissioners,  or  under  their  authority,  if  exam- 
ined by  them. 

12.  In  extreme  cases  of  disability  or  injury,  under  fourteen  years* 
service,  resulting  from  military  duly,  or  the  effects  of  climate,  the 
temporary  pension  of  6d.  a  day  may,  under  extraordinary  circum- 
stances of  severe  suffering  from  service,  be  augmented  to  9d.  and 
renewed  for  a  specific  period,  at  the  discretion  of  the  commissioners; 
but  these  cases  shall  be  deemed  special,  and  registered  as  such,  with 
the  grounds  on  which  they  have  been  decided. 

13.  Iti  all  special  cases  when  pensions  on  account  of  disabilities 
or  accidents  are  granted,  and  likewise  when  pensions  are  refused, 
or  claims  are  deemed  to  be  forfeited,  the  decision  of  :he  commission- 
ers, with  the  grounds  thereof,  shall  be  communicated  to  the  secretary 
at  war,  in  order  that  the  result  may  be  notified  to  the  regiment  from 
which  the  soldier  was  discharged. 

14.  The  decision  of  the  commissioners  in    fixing  the  rate  of 
pension  granted  for  service,  wounds,  or  disabilities,  shall  be  final, 
and  the  amount  of  the  pension  shall  not  be  augmented  on  account 
of  alleged  increase  of  disability,  afler  the  soldier  shall  have  left  the 
service,  unless  any  special  circumstances  shall  occur  and  be  brought 
forward  within  two  years  after  the  original  grant  of  pension,  to  jus 
tify  a  reconsideration  thereof. 

II.  Special  canes  of  disability  or  injury. 

15.  No  soldier  shall  be  discharged  for  the  loss  of  one  eye  only, 
whether  it  be  the  right  or  left. 

16.  If  a  soldier  shall  have  lost  one  eye  by  a  wound,  and  shall 
receive  other  wounds  or  injuries  in  action,  which  render  his  dis- 
charge necessary,  the  loss  of  an  eye  may  be  taken  into  consideration 
by  the  commissioners,  in  fixing  the  pension  at  such  a  rate  as  his 
service  and  disability  combined  may,  in  their  judgment,  entitle  him 
to  receive. 

17.  In  cases  in  which  an  eye  shall  have  been  lost  by  the  efforts 
of  service,  and  not  by  wounds,  the  loss  may  be  considered  by  the 
commissioners,  at  their  discretion,  in  apportioning  the  raie  ol  pen- 
sion.    If  under  fourteen  years'  service,  the  loss  of  an  eye  may  be 


162          MARSHALL  ON  THE   ENLISTING,  ETC.  OF  SOLDIERS. 

taken  into  consideration,  and  a  temporary  pension,  or  a  gratuity, 
be  granted,  according-  to  the  scale  luid  down  in  the  llth  and  12th 
articles  of  these  regulations. 

lb.  In  case  a  soldier  shall  become  totally  blind  from  unavoidable 
causes,  clearly  attributable  to  service  alone,  and  not  occasioned  by 
vice,  intemperance,  or  other  misconduct,  he  may  be  allowed  a  pen- 
sion varying  according  to  the  following  scale,  viz. 

Serjeant,  having;  served  as  a  non-commissioned  officer  ten  years, 
and  not  less  than  rive  years  as  a  Serjeant,  from  Is.  3d.  to  2s.  ;  cor- 
poral, having  served  as  such  for  seven  years,  from  Is.  to  Is.  3d.; 
private  from  9d.  to  Is. 

If  the  soldier  shall  have  served  more  than  fourteen  years,  and  is 
discharged  with  a  good  character,  and.  with  a  constitution  impaired 
by  the  effects  of  colonial  service,  an  increase  not  exceeding  3d. 
a-day  may  be  added  to  the  aforesaid  rates ;  but  the  precise  rate 
shall  be  determined  at  the  discretion  of  the  commissioners,  accord- 
ing to  the  principles  laid  down  in  article  10  of  these  regulations. 

19.  Whenever  a  case  of  total  or  partial  blindness  shall  be  involved 
in  so  much  doubt,  as  to  have  been  reported  by  a  court-martial  or  by 
a  medical  officer  to  he  a  tl suspicions  case,"  the  commissioners  shall 
deal  with  it  as  to  them  may  seem  most  just;  but  in  every  case  in 
which  it  is  proved  that  a  soldier  has  tampered  with  his  eyes,  or 
that  his  loss  of  sight  has  been  caused  by  vice,  intemperance,  or 
other  misconduct,  and  that  his  character  is  bad,  instead  of  being 
discharged  on  a  pension,  he  shall  be  detained  in  an  eye  infirmary, 
or  shall  be  sent  home  to  his  parish,  or  dismissed  without  a  pension. 

20.  Except  in  extreme  cases  of  disability,  no  infantry  soldier 
shall  be  discharged  for  rupture  alone;  should  a  ruptured  soldier 
be  discharged  before  he  has  served  fourteen  years,  his  case  shall 
be  considered  according  to  the  llth  and   1^'th  articles  of  these 
regulations. 

See  page  97.  The  number  of  cases  of  rupture  which  require 
to  be  discharged  from  the  army  during  peace  appears  to  be  very 
small. 

21.  Any  cavalry  soldier  who  shall  be  discharged  under  fourteen 
years'  service   for   a   rupture  which  would  not  disable   him  for 
infantry  service,    may,   at   the   discretion    of  the   commissioners, 
either  be  transferred  to  a  veteran  or  garrison  battalion  or  company, 
or  be  allowed  a  temporary  pension  or  gratuity,  according  to  arti- 
cle 11. 

IH.  Forfeiture  of  pension. 

22.  Any  pensioner  refusing  to  serve,  or  not  appearing  when 
called  upon  by  the  commissioners,  or  other  lawful  authority,  shall 
forfeit  his  pension,  unless  a  satisfactory  explanation  be  subsequently 
given;   but    no    pensioner  who    has   actually  served    twenty-four 
years  in  the  cavalry,  or  twenty-one  years  in  the  infantry,  shall  ue 


PENSIONING  WARRANT  1829.  163 

liable  to  be  called  upon  to  serve.  And  any  pensioner  who  neglects 
to  draw  his  pension  for  four  successive  quarters  shall  be  struck 
off  the  pension  list,  and  shall  not  be  replaced,  unless  he  shall 
satisfactorily  account  for  such  omission  ;  and  the  commissioners 
shall,  at  their  discretion,  grant  or  withhold  the  arrears,  or  any 
portion  thereof. 

23.  Every  soldier  convicted  by  a  court-martial  of  being:  a  deserter, 
may,  in  addition  to  any  other  punishment  awarded  by  the  court, be 
sentenced  to  forfeit  all  claim  to  pension.     Such  sentence  shall,  in 
all  cases,  be  recorded  on  the  discharge  sent  to  the  commissioners  of 
Chelsea   hospital,  but  if,  after  such   sentence  has  been  passed,  he 
shall  have  performed  good  and  faithful,  or  gallant  service,  he  may 
be    eligible  for  a  pension,  provided  that  he  be  recommended   by 
his  commanding  officer,  through  the  cornmander-in-chief.  in  con- 
formity with  the  rules  laid  down  in  the  mutiny  act  and  articles  of 
war. 

Mutiny  act.  clause  9.  This  clause  will,  no  doubt,  have  a  suit- 
able effect  in  impressing  upon  a  soldier  the  serious  nature  of  the 
crime  of  desertion,  and  at  the  same  time  hold  out  the  strongest 
inducement  to  reformation,  by  convincing  him  that  subsequent 
merit  as  a  soldier  may,  at  any  time,  on  the  recommendation  of  his 
commanding  officer,  relieve  him  from  the  penalty  attached  to  his 
former  crime. 

24.  If  a  soldier  shall  have  been  convicted  by  the  civil  power  of 
a  misdemeanour,  or  by  a  court-martial,  of  any  vicious  or  disgrace- 
ful conduct,  such  as  to  render  him  unworthy  of  belonging  to  the 
army,  and  consequently  to  be  unfit  for  the  military  service,  he  shall, 
on   beinof  discharged  in  consequence  thereof,  have  the  sentence,  or 
cause  of  his  dismissal  from  the  service,  recorded  in  his  discharge, 
and  shall  forfeit  all  claim  to  pension. 

In  order  that  the  practical  application  of  the  words  "disgraceful 
conduct,"  and  offences  of  a  "disgraceful  character,"  mny  be  liable 
to  t  ie  least  possible  misconception,  and  that  soldiers  guilty  of 
unmihtary  conduct,  of  neglect  of  duty,  and  of  other  offences  dis- 
tinctly specified  in  the  articles  of  war,  may  not  be  tried  under,  and 
be  subject  to  the  penalties  of  this  charge,  I  have  to  state  that 
"  disgraceful  conduct"  implies  confirmed  vice,  and  all  unnatural 
propensities,  indecent  assaults,  repeated  thefts  and  dishonesty, 
ferocity  in  having  maimed  other  soldiers  or  persons,  self-mutilation, 
tampering  with  the  eyes,  and  all  cases  of  confirmed  malingering 
where  the  conduct  is  proved  to  be  so  irreclaimably  vicious,  as  to 
rend  T  the  offender  unworthy  to  remain  in  the  army. —  War  Office 
Circular,  No.  643. 

2o.  Any  soldier  convicted  before  a  competent  court-martial  of 
feior/ihtfr  or  producing1  disease  or  infirmity,  or  of  materially 
injuriujjf  his  health  by  habitual  drunkenness,  or  of  being  detained 
in  hospital  by  any  disease  contracted  by  his  own  vice  or  intemper- 


161 


MARSHALL  ON  THE  ENLISTING,  ETC.  OF  SOLDIERS. 


ance,  thereby  rendering  himself  unfit  for  service,  or  of  absenting 
himself  from  an  hospital  whilst  under  nodical  treatment,  or  of 
being  guilty  of  a  gross  violation  of  the  rules  of  the  hospital,  or  of 
intentionally  protracting  his  cure,  or  of  wilfully  aggravating  his 
disease,  shall  be  liable  to  be  brought  to  trial  by  the  regimental 
commanding  officer,  or  on  charges  preferred  by  the  surgeon  of  the 
hospital,  and  to  have  the  whole  time  of  such  detention  in  hospital 
deducted  from  his  service,  or  of  forfeiting  all  claim  to  pension,  pro- 
vided such  forfeiture  form  part  of  the  sentence  of  the  court-martial 
by  which  he  was  convicted. 

The  purport  of  this  article  is  thus  stated  in  the  articles  of  war: 

"  Any  soldier  who  shall  be  convicted  of  malingering,  feigning,  or 
producing  disease  or  infirmity — absence  from  hospital  —  protracting 
cure,  &c.  shall  be  tried  for  disgraceful  conduct,  and  be  liabl  •  to  the 
punishments  attached  to  that  offence." — (Articles  of  War,  1830, 
art.  40.) 

To  suppress  malingering  among  soldiers  is  an  important  part  of 
the  duty  of  a  medical  officer,  but  in  the  performance  of  this  duty 
he  must  be  guided  by  just  principles.  He  should  never  adopt  harsh, 
arbitrary,  or  unauthorised  proceedings.  He  is  not  of  his  own 
authority  warranted  in  employing  restraint  or  coercion.  When, 
after  due  caution  in  deliberation,  and  patience  in  investigation,  a 
medical  officer  is  convinced  that  a  soldier  is  feigning  a  disability, 
and  when  he  has  patiently  and  peiseveringly,  but  without  success, 
endeavoured  to  persuade  him  to  perform  his  duty,  he  should  report 
the  case  to  the  commanding  officer,  with  his  reasons  for  believing 
the  man  to  be  an  impostor.  The  case  is  then,  in  some  respects, 
out  of  the  hands  of  the  medical  officer;  all  further  measures  must 
be  directed  by  the  commanding  officer,  with  whom  the  responsibility 
rests. 

When  an  alleged  malingerer  perseveres  in  a  course  of  imposition, 
he  is,  as  directed  by  the  article  in  question,  occasionally  tried  by  a 
court-martial.  Dr.  (Jheyne  suggests,  that,  as  a  preliminary  measure, 
a  nuliugerer  should  be  examined  by  a  board  of  at  least  three  medi- 
cal officers  of  mature  experience,  and  that,  according  to  their  report, 
the  final  measures  should  be  directed.  In  such  cases  would  it  not 
be  advisable  to  have  one  or  more  experienced  medical  officers  on  a 
court-martial?  All  commissioned  officers  of  the  army  on  full  pay 
are  eligible  to  sit  on  courts-martial,  surgeons,  and  assistant-sur- 
geons being  competent  as  members  of  such  courts,  a  It  hough  the 
custom  and  convenience  of  the  service  forbids  recourse  being  had 
to  th  -m  except  in  extreme  cases. — (Simmons  on  Courts-Martial, 
page  36.) 

The  crime  of  "  malingering,  feigning,  or  producing  disease  or 
infirmity,"  was,  I  believe,  not  included  in  the  articles  of  war  until 
18  >0.  In  the  military  codes  of  other  nations  it  has  been  long 
comprehended.  The  Romans  were  at  great  pains  not  to  "give 
occasion  to  cowards  or  sluggards  to  counterfeit  sickness,  therefore 


PENSIONING  WARRANT  1829.  165 

such  as  were  found  to  have  done  so,  were,  of  old,  ordained  to  be 
punished  as  traitors.  Nay,  whosoever  mutilated  their  own  or  iheir 
children's  bodies,  so  as  thereby  designedly  to  render  them  unfit  for 
carrying  arms,  were  adjudged  to  perpetual  exile." — (Bruce,  Institu- 
tions of  Military  Law.}  By  the  Dutch  articles  of  war,  as  early  as 
1717,  counterfeiting  sickness  was  punished  by  discharging  a  soldier 
with  disgrace,  and  depriving  him  of  the  privileges  he  would  have 
been  entitled  to  had  he  conducted  himself  correctly. 

26.  Any  soldier  maimed  by  the  firing  off  t>f  his  musket,  or  by 
other  means,  and  who  thereby  becomes  unfit  for  service,  whether 
the  injury  occurred  on  or  off  duty — whether  accident at '/y  or  intcn- 
fionfJlt/,  shall,  in  all  cases,  be  tried  by  a  district  court-martial,  as 
soon  after  the  event  as  porsible;   and   if  it  shall  be  proved  before 
such  court  that  the  injury  was  the  unavoidable  result  of  military 
service,  and   was  in   no  way  attributable  to  design,  negligence, 
drunkenness,  or  misconduct  on  his  part,  the  court  may  recommend 
the    soldier   for   a    pension,  stating   the    proofs   adduced,  and   the 
grounds  of  their  recommendation,  or  of  their  rejection  of  the  claim, 
as  the  case  may  be.     The  finding  of  the  courl,  and  the  confirma- 
tion of  the  commanding  officer,  must  invariably  be  annexed  to  the 
discharge,  and  adverted  to  therein  ;  but  the  final  decision  upon  the 
claim  to  pension  shall  in  all  cases  which  are  brought  before  the 
Chelsea  board  rest  with  the  commissioners. — Rules  and  Articles 
1830,  articles  4 \,  42,  77. 

27.  Any  soldier  who  shall  be  disabled  or  mutilated  by  an  acci- 
dent, which  did  not  happen  in  the  immediate  execution  of  some  act 
of  military  duty,  or  which,  if  it  did  so  happen  on  duty,  was  owing 
to  his  own   negligence,  shall  not  be  entitled  to  a  pension,  although 
he  he  discharged  for  such  disability. 

His  claim  in  such  case  can  only  be  considered  with  reference  to 
the  service  ho  may  have  performed,  or  to  the  wounds  he  may  have 
received  in  action,  or  to  the  goodness  of  his  character.  The  find- 
ing of  the  district  court-martial,  staling  the  whole  of  the  circum- 
stances of  the  case,  must  he  annexed  to  the  discharge.  The  com- 
missioners will  exercise  their  discretion  in  granting  or  withholding 
a  pension,  but  in  no  case  shall  a  permanent  pension  he  granted  for 
such  accidental  injury,  unless  the  soldier  has  served  above  fourteen 
years.  If  the  soldier  shall  be  ordered  to  be  discharged  at  the  regi- 
ment, his  majesty's  pleasure,  and  the  amount  of  any  gratuity,  will 
be  signified  by  the  secretary  at  war. 

If  it  shall  appear  to  the  court  that  the  injury  or  mutilation  was 
not  the  effect  of  accident,  but  of  design,  the  soldier  shall  not  bo 
discharged,  but  shall  be  employed  in  such  regimental  or  garrison 
duty  or  work,  as  tfie  commander-in-chief  may  direct. — Rules  and 
Articles  1830,  articles  41,  42,  77. 

28.  If  a  pensioner  he  guilty  of  gross  violence  or  outrage  towards 
the  persons  employed  in  paying  the  pensioners,  he  shall  be  punished 
by  the  loss  either  of  a  part  or  of  the  whole  of  his  pension,  at  the 


166 


MARSHALL  ON  THE  ENLISTING,  ETC.  OF  SOLDIERS. 


discretion  of  the  commissioners,  in  addition  to  any  other  punishment 
which  the  law  may  inflict  for  such  offence. 

29  If  a  pensioner  be  discovered  to  have  received  credit  for  a 
longer  period  than  he  actually  served,  by  a  false  entry,  alteration, 
or  erasure,  in  any  regimental  book  or  document,  or  by  a  'misrepre- 
sentation of  his  claims,  or  to  have  obtained  through  any  other 
means  a  higher  rate  of  pension  than  he  was  entitled  to  at  the  time 
of  his  discharge,  when  he  was  sworn  to  the  truth  of  his  statement 
of  services,  such  pensioner,  in  the  event  of  the  commissioners  deci- 
ding that  he  was  cognizant  of  the  fraud,  or  guilty  of  the  concealment 
of  the  truth,  shall  forfeit  his  pension  ;  and  if  a  pensioner  shall 
com  nit  nny  felonious  act,  or  practice  any  gross  fran d,  which  shall 
be  proved  to  the  satisfaction  of  the  commissioners,  they  shall  either 
strike  him  off  the  pension  list,  or  reduce  the  rate  of  his  pension  at 
their  discretion.  In  all  cases  of  over  issue,  the  pensioner  shall  have 
his  pension  lowered  to  the  true  rate,  and  shall  by  a  stoppage  from 
his  pension  refund  either  the  whole  amount  overissued,  or  such 
part  thereof,  as  the  commissioners  may  think  proper  to  direct;  but 
if  the  overissue  originated  in  any  error  of  computation  over  which 
the  soldier  could  have  no  control,  the  pensioner  shall  not  be  called 
upon  to  refund  any  part  thereof. 

If  a  non-commissioned  officer  or  soldier  be  privy  to  the  making 
of  any  false  entry,  or  producing  any  fraudulent  document,  either  as 
regards  his  own  services  or  those  of  any  other  person,  he  shall,  on 
conviction  thereof,  before  a  competent  court-martial,  be  rendered 
incapable  of  receiving  a  pension,  according  to  the  provisions  of  the 
mutiny  act  and  articles  of  war. 

30.  If  any  pensioner  shall  apply  to  any  parish  for  relief  for 
himself  or  family,  or  shall  suffer  his  family  to  become  chargeable 
to  the  parish,  his  pension,  by  the  acts  of  parliament  of  59  Geo.  III. 
cap.  12,  and  6  Geo.  IV.  cap.  27,  will   be  payable  to  the  parish 
officers,  according  to  the  provisions  of  the  said  acts. 

31.  Any  pensioner  or  other  person,  who  shall  knowin gly  person- 
ate or  falsely  assume  the  name  or  character  of  a  soldier,  who  is, 
or  may  become  entitled  to  a  pension,  or  shall  falsely  pretend  to  be 
the  heir,  administrator,  or  assignee,  of  a  pensioner  or  soldier,  for 
the  purpose  of  fraudulently  obtaining   money  or  effects,  or  shall 
knowingly  and  wilfully  assist  in  forging  or  counterfeiting  the  name 
or  handwriting  of  any  such  pensioner  or  soldier  as  aforesaid,  or  in 
forging  any  document  relating  thereto,  is  liable,  on   being  legally 
convicted  thereof,  to  be  transported  as  a  felon,  according  to  the  act 
7th  Geo.  IV.  cap.  16,  clause,  38,  (1826.) 

32.  Any  pensioner  imprisoned  in  a  jail  by  order  of  a  magistrate, 
as  a  vagrant,  or  as  having  committed  any  misdemeanour,  or  crime, 
if  he  assumes  a  false  name,  whether  he  he  convicted  or  not  of  the 
offence  for  which  he  was  apprehended,  shall,  on  proof  of  such  con- 
cealment of  the  true  name  under  which  he  was  pensioned,  have 
his  pension  suspended,  reduced,  or  altogether  taken  away,  at  the 
discretion  of  the  commissioners. 


PENSIONING  WARRANT  1829.  167 

And  if  any  pensioner  gives  a  false  statement  as  to  his  place  of 
residence,  or,  for  a  fraudulent  purpose,  draws  his  pension  si  a  place 
different  from  that  where  he  usually  resides,  he  shall  he  lial.le  to 
have  his  pension  taken  away,  reduced,  or  suspended,  at  ihe  discre- 
tion of  the  commissioners. 

33.  Non-commissioned  officers  and  soldiers,  who  have  forfeited 
their  claims  to  pension  in  consequence  of  misconduct,  shall   have 
their  names,  tind   the  circumstances  under  which   their   pensions 
were  forfeited,  published   in  the  orderly  book  of  the   regiment  to 
which  (hey  belonged,  and  a  memorandum  of  the  fact  shall  be  sent 
to  their  parishes  by  the  commanding  officer. 

[After  the  word  parishes,  erase  the  words,  "by  the  commanding 
officer,"  and  insert  "  by  the  secretary  at  war,  as  provided  in  the 
mutiny  act  and  articles  of  war.] — Art.  33.  By  order  of  the  king, 
signified  to  the  secretary  at  ivar,  July  30,  1830. — H.  H. 

By  the  83d  article,  (Rules  and  Articles,  1830,)  soldiers  who  have 
performed  good,  faithful,  or  gallant  service  in  his  majesty's  army, 
are,  in  addition  to  every  benefit  which  the  regulations  of  the  service 
may  entitle  them  to  on  discharge,  to  have  their  meritorious  conduct 
notified  to  their  respective  parishes;  and  soldiers  discharged  lor 
disgraceful  conduct  are  equally  liable  to  have  their  misconduct 
notified  to  their  parishes  by  the  secretary  at  war.  His  majesty's 
intention  by  this  proceeding,  (as  well  as  by  the  power  of  restoring 
service  forfeited  for  desertion,)  is  to  give  to  every  commanding  officer 
the  most  powerful  means  of  stimulating  the  soldiers  under  his  com- 
mand to  good  conduct,  by  the  certainty  that  character  and  conduct 
will  at  all  times  be  duly  considered,  and  particularly  at  the  termi- 
nation of  a  soldier's  service. 

IV.  Commutation  of  pensions. 

34.  Pensioners  not  being  natives  of  the  united  kingdom,  may 
have  their  pensions  commuted  for  a  sum  of  money,  on  his  majesty's 
pleasure  being  signified  to  the  commissioners  of  Chelsea  hospital  by 
the  secretary  at  war;  the  money  to  be  paid  out  of  funds  appropri- 
ated for  the  use  of  the  said  hospital. 

35.  If  a  pensioner,  being  a  native  of  the  united  kingdom,  should 
be  desirous  of  settling  abroad  in  any  of  his  majesty's  colonies,  his 
pension  may  be  commuted  in  the  manner  laid  down  in  the  prece- 
ding article.     But  if  any  pensioner  shall  have  received  a  commuted 
allowance  for  his  pension  from  the  commissioners,  and  shall  at  any 
subsequent  time  fraudulently  attempt  to  revive  a  claim  to  the  pen- 
si.,  n  so  commuted,  he  will  be  liable  to  be  proceeded  against  under 
the  act  of  parliament  referred  to  in  article  31. 

V.  Rules  in.  reckoning  service. 

36.  No  soldier  shall  be  allowed  to  reckon  his  service  u  der  eight- 
een years  of  age. 


168          MARSHALL  ON  THE  ENLISTING,  ETC.  OF  SOLDIERS. 

If  a  soldier  at  the  time  of  enlistment  shall  misrepresent  or  conceal 
his  Tf.nl  age,  and  his  real  age  be  afterwards  discovered,  he  shall  in 
no  case  benefit  by  such  discovery;  if,  for  instance,  he  swore  that 
he  was  under  eighteen  years,  although  he  was  actually  older,  the 
age  specified  on  his  attestation  shall  he  the  standard  for  calculating 
his  service,  and  consequently  his  service  under  eighteen  years  of 
age,  according  to  such  attestation,  will  not  he  allowed  to  reckon. 

37.  Thedisf'nction  between  service  in  the  East  and  West  Indies, 
and  service  in  any  other  part  of  his  majesty's  dominions,  having 
ceased  since  the  year  1818,  as  regards  the  reckoning  of  service  for 
pension,  the  same  rule  will   apply  as  regards  the  claim  to  addi- 
tional pay,  which,   in  the  case  of  men   enlisted  after  the  3()th 
November,  L829,  will  only  commence  after  fourteen  years'  service 
actually  completed. 

38.  Any  soldier  may  he  transferred  from  one  battalion  to  another 
of  the  same  regiment,  or  he  may  be  permitted  to  volunteer  into 
another  regiment  on  the  disbandrnent  of  his  corps,  or  on  its  being 
ordered    home  from  a  foreign  station  ;  but  he  shall  not  be  liable  to 
be  drafted  from  one  regiment  to  another  without  his  consent,  unless 
by  sentence  of  a  court-martial.     Pensioners  who  have  not  served 
twenty-one  years,  will  be  held  liable  to  be  called  upon  to  serve  in  a 
veteran  or  garrison  battalion,  or  in  the  militin,  or  in  a  regiment  of 
the  line  within  the  limits  of  the  united  kingdom. 

39.  Non-commissioned  officers  and  soldiers  shall  not  he  allowed 
to  reckon  as  service  the  period  of  imprisonment,  whilst  under  the 
legal  sentence  of  a  civil  or  military  court,  nor  the  period  of  con- 
finement previous  to  trial,  unless  acquitted  of  the  offence  alleged 
against  them,  according  to  the  provisions  of  the  mutiny  act  and 
articles  of  war. 

40.  If  any  person  discharged  from  the  army  for  disability,  or  for 
any  other  cause,  shall  subsequently  re-enter  .the  army,  nnd  shall, 
when  questioned  by  the  magistrate  at  the  time  of  his  being  attested, 
conceal  the  fact,  or  misrepresent  the  cause  of  his  former  discharge, 
he  shall  not  be  allowed  to  reckon  his  past  service,  nor  to  receive 
any  pension,  if  again  discharged  for  disability. 

This  article  is  intended  to  obviate  a  very  serious  evil,  namely,  the 

concealment  of  infirmities  at  enlistment.  When  a  medical  officer 
is  informed  that  a  recruit,  he  may  be  called  upon  to  examine,  has 
been  discharged  on  account  of  a  disease  or  disability,  he  is  put  upon 
his  guard,  and  is  very  cautious  in  approving  him.  Should  a  recruit 
not  conceal  or  misrepresent  the  cause  of  his  discharge,  he  will,  on 
final  approval,  be  allowed  to  reckon  his  former  service  ns  a  cl°im 
for  pension,  even  although  he  shall  have  received  a  temporary 
pension,  agreeably  to  article  11. 

41.  If  any  soldier  discharged  on  reduction  or  disbandment  of 
his  corps,  shall  not  have  the  opportunity  of  immediate  re-enlistment 
into  any  other  corps,  he  shall,  on  re-enlisting  within  three  years, 
be  allowed  to  reckon  his  former  service,  provided  that  he  shall  not 


PENSIONING  WARRANT  1829,  169 

have  passed  the  age  at  which  disbanded  soldiers  may  he  allowed  to 
re-enter  the  service— and  that  he  shall  in  every  respect  be  eligible 
for  the  service.  The  man  so  re-enlisting  must,  at  the  time  of  being 
attested,  declare  his  former  period  of  service  in  the  army,  ordnance, 
or  marines,  and  the  cause  of  his  discharge  from  his  last  corps;  but 
if  he  should  fail  to  make  such  declaration  of  his  previous  service, 
so  that  it  may  be  recorded  in  his  attestation,  he  shall  riot  be  permit- 
ted to  reckon  it  at  any  subsequent  period. 

42.  Pensioners  who  shall,  under  a  proclamation  of  his  majesty 
or  other  lawful  authority,  be  called  upon  to  serve  in  a  veteran  com- 
pany or  battalion,  or  in  the  militia,  or  to  be  attached  to  a  regiment 
of  the  line  within  the  united  kingdom,  shall,  in  addition  to  their 
previous  services,  reckon  such  service,  provided  the  period  thereof 
shall  not  be  less  than  one  year. 

43.  Any  pensioner  who  voluntarily  enlists  into  a  veteran  com- 
pany or  battalion,  or  the  militia,  or  who  is  appointed  to  be  a  district, 
barrack,  garrison-serjeant,  or  a  military  cler k,  or  hospital-steward, 
or  who  is  employed  in  any  other  military  capacity,  shall,  when 
discharged,  revert  to  his  former  pension,  unless  it  be  pronounced  by 
competent  authority  to  have  been  forfeited.  If  he  shall  have  served 
ten  years  or  more  in  any  of  the  situations  above  mentioned,  and 
shall   have  been  discharged  therefrom  with  a  good  character,  or 
even   if  he  shall  have  served  less  than  ten  years,  and  shall  have 
been  discharged  under  circumstances  entitling  him  to  special  con- 
sideration, as  a  deserving  soldier,  his  majesty's  pleasure  will  be 
signified  by  the  secretary  at  war,  that  such  increase  of  pension  may 
be  granted,  as  the  commissioners  shall  think  fit;  not,  however, 
exceeding  in  any  case  the  rates  specified  in  articles  4  and  6. 

44.  The  services  of  all  soldiers  at  present  in  the  army  shall  be 
accurately  revised  and  balanced  up  to  the  31st  December,  1828.  by 
the  military  boards  established,  and  now  sitting  for  the  investigation 
of  those  services.     The  period  of  service  which  each  man  may  be 
allowed  to  reckon  to  that  date,  shall  be  recorded  and  certified  in 
words  at  length,  by  the  particular  board  before  which  the  exami- 
nation takes  place,  and  such  record  shall  be  admitted  by  any  other 
military  board  which  may  be  hereafter  assembled  for  deciding  upon 
the  soldier's  claims,  as  the  only  correct  statement  of  his  service,  to 
the  termination  of  the  year  1828,  from  and  after  which  time  the 
balance  of  every  soldier's  services  shall  be  struck  periodically,  and 
under  such  instructions  as  his  majesty  may  be  pleased  t>  give 
through  the  secretary  at  war. 

45.  No  soldier  shall  hereafter  reckon  as  military  service  the  time 
he  may  have  previously  served  in  his  majesty's  navy. 

VI.  Conditions  under  which  discharges  may  be  obtained. 

46.  His  majesty  having  been  pleased  to  direct  that  soldiers  may 
be  allowed  to  purchase  or  obtain  their  discharges,  under  certain 
conditions  and  limitations,  the  terms  are  to  be  regulated  by  the 
following  scale,  viz. 


170 


MARSHALL  ON  THE    ENLISTMENT,   ETC.  OF  SOLDIERS. 


Period. 

For  men  serving  in  the 

Cavalry. 

Infantry. 

Under  7   years'  £ 
actual  -ervice    $ 

L.  30 

L.  20 

After  7  years'  ditto  . 

25 

18 

—  10           — 

21 

15 

—   \2           — 

15 

10 

—   14           — 

12 

5 

—  15          — 

fi 

Free  discharge  at  home, 

and    in    addition    thrje 

months'  pay  abroad. 

—  16          — 

Free  discharge. 

Free    discharge,    and    in 

addition  three   months' 

pay   at    home,   and    six 

months'  pay  ahroad. 

—  17          — 

Free  discharge,  and  three 

Free    discharge,    and    in 

months'  pay. 

addition     six     months' 

pay  at  home,  and   one 

year's  pay  abroad. 

—  18           — 

Free  discharge,  and  six 

Free  discharge,  and  in  ad- 

and to  2  1           — 

months'  pay. 

dition  one  year's  pay  at 

home,  and   one    and   a 

half  year's  pay  abroad. 

[The  gratuities  shall  be  calculated  at  the  respective  rates  of  full 
pay  of  cavalry,  of  foot  guards,  or  of  infantry,  excluding  additional 
pay.] — Art.  46.  By  order  of  the  king,  signified  to  the  secretary 
at  war,  July  30,  1830.— #.  H. 

Where  grants  of  land  in  addition  to  free  discharges  can  he  made 
in  the  colonies,  the  precise  terms  of  the  grant,  arid  the  most  advan- 
tageous mode  of  paying  the  gratuity  of  full  pay,  shall  be  clearly 
explained  to  the  soldier  before  lie  receives  his  discharge,  and  shall 
be  registered  in  the  regimental  records.  When  the  soldier  has 
been  settled  three  months,  and  is  actually  residing  on  his  grant, 
and  is  industriously  employed  in  clearing  it,  the  governor,  under 
authority  from  the  secretary  at  war,  may,  in  addition  to  the  gra- 
tuity, authorise  the  issue  of  a  quarter's  pension  at  Gd.  a  day  ;  and 
may  from  time  to  time  renew  such  issue  for  a  period  not  exceeding 
in  the  whole  one  year. 

This  is  a  highly  important  article,  not  only  as  regards  soldiers 
individually,  but  also  in  respect  to  the  discipline  of  the  army.  The 
beneficial  effect  of  rendering  an  exit  from  the  service  less  difficult 
than  formerly,  must  be  very  considerable;  but  perhaps  it  may 
eventually  be  deemed  an  expedient  measure  to  shorten  the  time 
when  a  soldier  may  obtain  a  free  discharge,  and  to  give  him  a 
claim  of  right  to  leave  the  service  after  the  expiration  of  the  pre- 
scribed period.  Any  regulation  which  makes  the  yoke  of  perpetual 
servitude  sit  easier  will  tend  to  render  obedience  more  cheerful, 
and  by  that  means  improve  the  discipline  and  efficiency  of  the 
army.  In  1749,  a  bill  was  brought  into  parliament  for  limiting 


PKNSIONING    WARRANT    1829.  171 

the  time  and  conditions  upon  which  soldiers  might  he  discharged 
the  service,  but  it  passed  in  the  negative.  It  appears  to  have  been 
intended  hy  this  bill  that  a  soldier  who  had  served  ten  years  might 
purchase  his  discharge  hy  paying  three  pounds.  The  debate 
which  to'ik  place  when  the  hill  was  before  the  house  is  very  inte- 
resting. One  member  observed,  that,  "as  long  as  soldiers  are 
listed  for  life,  the  service  will  always  be  despicable  in  the  *  jes  of 
the  people,  and  none  but  the  most  abandoned  or  the  most  thought- 
less will  enter  into  it."  Another  said,  "it  is  despair  that  renders 
our  common  soldiers  generally  so  idle  and  dissolute;  offer  t In  in 
but  a  view  to  freedom — give  them  a  prospect,  though  adi:>tant  one, 
of  th^ir  becoming  a  part  of  the  people — and  you  will  see  a  remark- 
able, a  happy  change  in  the  behaviour  of  the  army." 

During  the  last  war,  before  a  dragoon  could  obtain  a  discharge 
from  the  army,  his  friends  required  to  furnish  three  approved  sub- 
stitutes. 

47.  Soldiers  who  have  actually  served  twenty-one  years  in  the 
infantry,  or  twenty-four  in  the  cavalry,  and  -who  being  fit  lor  ser- 
vice, are  discharged  at  their  own  request,  may  be  allowed  a  pen- 
sion of  lOd.  a  day,  as  shown  in  Article  4. 

4^.  But  in  all  cases  of  soldiers  allowed  to  purchase  discharges 
or  to  obtain  free  discharges,  or  pensions  on  discharge  at  their  own 
request,  (if  they  have  served  the  requisite  period,)  the  number  of 
men  to  be  annually  discharged,  and  the  selection  of  the  individuals, 
shall  he  governed  by  such  instructions  as  the  commander-in-chief 
may  give  from  time  to  time,  or  the  master-general  of  the  ordnance 
for  that  department,  for  extending  or  limiting  the  numbers,  or 
wholly  suspending  the  permission,  according  to  circumstances. 

Provided  that  in  all  the  aforesaid  cases  a  period  of  not  less  than 
thirty  days  shall  elapse  between  the  soldier's  application,  and  the 
commanding  officer's  consent  to  recommend  the  discharge;  this 
interval  being  allowed  for  the  express  purpose  of  giving  the  soldier 
sufficient  time  for  due  deliberation.  At  the  same  time  it  shall  he 
clearly  explained  to  him  what  prospect  of  permanent  pension  he 
will  forfeit,  in  consequence  of  accepting  a  free  discharge  at  his  own 
request. 

But  nothing  in  this  regulation  is  to  be  construed,  as  giving  any 
right  to  a  soldier  to  claim  his  discharge  by  purchase  or  otherwise, 
it  being  intended  as  an  indulgence  to  be  conferred  upon  the  de- 
serving soldier,  in  proportion  to  his  good  conduct,  and  the  length 
of  his  service. 

It  seems  highly  desirable  that  the  principle  on  which  soldiers  are 
allowed  free  discharges  should  be  still  further  extended,  so  as  to  ad- 
mit of  their  being  discharged  if  they  wish  it  after  a  service  of  eight, 
nine,  or  ten  years.  Experience  has  convinced  the  powers  on  the 
continent,  that  the  system  of  binding  a  man  during  the  whole  course 
of  his  life  to  military  subjection  is  contrary  to  every  principle  of 
economy  and  efficiency.  An  indefinite  period  of  service,  that  is  to 


172          MARSHALL  ON  THE  ENLISTING,  ETC.  OP  SOLDIERS. 

say,  service  as  long  as  health  and  strength  remains,  presents  some- 
thing appalling  to  a  reflecting  mind.  Recruits  commonly  enlist 
without  thought  or  consideration,  or  from  sheer  necessity,  hut  re- 
gret and  dejection  frequently  follow,  and,  as  there  is  no  definite 
period  at  which  their  engagement  is  to  terminate,  the  influence  of 
hope,  which  is  necessary  for  the  efficient  execution  of  any  duty, 
becomes  annihilated,  and  a  state  of  mind  succeeds,  by  no  means 
favourable  either  to  sound  health  or  military  subordination.  The 
natives  of  France  appear  to  have  great  reluctance  to  unlimited  ser- 
vice in  the  army.  M.  Dnpin  (Force  Militaire  de  la  Grand  Bre- 
tag-ne")  says,  with  reference  to  the  recruits  who  enlisted  in  this 
country  in  the  year  1814,  "  Que  penser  ensuite  des  classes  inferi- 
eui'f.s  <fun  peuple  dont  Ifis  tienf  dixiemes  des  enroles  engagent 
pour  jarnais  leur  liberte"  Enlistment  for  life,  I  believe,  never 
was  adopted  in  France;  the  period  of  engagement  has  varied  con- 
siderably, and  been  successively  three,  four,  six,  eight,  and  by  the 
ordomiunoe  of  March  1832,  it  is  seven  years.  A  soldier  may  re- 
enlist  or  extend  his  services  for  a  period  of  from  two  to  five  years, 
when  they  become  entitled  to  a  higher  rate  of  pay.  But  soldiers 
who  wish  to  remain  in  the  army  commonly  re-engage  as  substi- 
tutes for  seven  years,  and  by  this  means  obtain  a  premium  of  from 
L.60  to  L.80,  being  on  an  average  about  L.10  a  year  in  addition 
to  their  pay.  In  1810,  an  act  was  passed,  tinder  which  recruits  for 
the  European  force  of  the  Honourable  the  East  India  Company, 
amounting  to  about  14,000  men,  might  enlist  either  for  life,  or  a 
limited  service  of  twelve  years,  and  with  respect  to  the  native  force, 
amounting  to  about  190,000  men,  they  may  obtain  their  discharge 
during  a  period  of  peace  at  their  own  request,  after  having  served 
three  years,  but  during  war  they  have  no  claim  to  be  discharged, 
after  having  served  any  period.  In  the  United  Stales  of  America 
the  period  of  enlistment  for  the  regular  army  is  five  years. 

A  recruit  who  enlists  for  a  definite  period,  or  whose  engagement 
permits  him  to  claim  his  discharge,  after  a  term  of  years,  reserves 
the  right  of  resuming,  at  a  given  time,  the  place  he  occupied  among 
his  fellow  citizens,  and  thereby  retains  some  prospect  of  his  liberty. 
The  condition  and  duties  of  a  soldier  require  the  stimulus  of  hope 
— a  hope  of  having  it  in  his  power  to  retire  from  the  service  with 
credit  arid  respectability,  at  a  time  of  life  when  he  is  able  to  resume 
the  employment  of  his  early  years.  Hitherto  parents  have  shown 
much  reluctance  to  permit  their  sons  to  enlist ;  but  1  have  no  doubt 
that  the  unwillingness  would  be  partly  obviated,  were  the  facilities 
for  quitting  the  service  increased.  By  this  means  it  is  hoped  the 
army  would  become  somewhat  more  popular,  that  a  miliiary  feeling 
would  be  excited,  discipline  improved,  obedience  rendered  more 
cheerful,  and  that  hankering  to  quit  the  service,  which  is  a  most 
disabling  infirmity,  probably  decreased.  We  cannot,  however,  ex- 
pect that  a  superior  class  of  men  will  enter  the  army,  namely,  men 
with  some  degree  of  intellectual  culture,  and  a  fair  character  for 
correct  conduct,  until  the  condition  of  a  soldier  be  greatly  im- 


PENSIONING    WARRANT    1829.  173 

proved  ;  for  this  purpose  his  situation  would  require  to  be  rendered, 
in  time  of  service,  in  present  emolument,  in  future  provision,  and 
in  respectability,  so  desirable  as  to  place  him  on  a  level  in  popular 
opinion  with  men  of  other  employments. 

49.  If  any  soldier  purchase  his  discharge,  or  receive  a  free  dis- 
charge at  his  own  request,  he  shall  have  no  claim  to  pension  ;  and 
should  he  subsequently  re-enlist,  he  shall  not  be  permitted  to  reckon 
his  former  service. 

50.  With  the  view  of  rewarding  'meritorious  soldiers  when  dis- 
charged, and  of  encouraging  good  conduct  in  others  whilst  serv- 
ing, his  majesty  has  been  pleased  to  direct  that  a  gratuity  in  addi- 
tion to  the  pension  may  in  certain  cases  be  given  to  one  Serjeant  or 
corporal,  and  one  private,  annually,  in  every  regiment  of  an  esta- 
blishment of  700  rank  and  file  and  upwards. 

The  men  to  be  recommended  must  have  completed  twenty-one 
years  of  actual  service  in  the  infantry,  or  twenty-four  in  the  caval- 
ry; have  never  been  convicted  by  court-martial,  and  must  have 
borne  an  irreproachable  character,  or  have  particularly  distin- 
guished themselves  in  the  service. 

The  Serjeants  must  have  served  ten  years,  and  the  corporals 
seven  years,  in  their  respective  ranks  as  non-commissioned  officers, 
and  must  have  been  discharged  as  such. 

The  gratuity  to  the  sergeant  shall  be  L.15  ;  corporal,  L.7  ;  pri- 
vate, L.5. 

The  names  and  services  of  the  individuals  receiving  the  gratuity 
shall  be  published  in  regimental  orders,  and  sent  to  the  parishes  to 
which  they  belong,  after  the  commander-in-chief  shall  have  con- 
firmed the  regimental  commanding  officer's  recommendation,  and 
after  the  commissioners  of  Chelsea  hospital  vshall  have  notified  to 
the  secretary  at  war  that  the  gratuities  have  been  paid. 

In  corps  of  a  lower  establishment  that  700  rank  and  file,  one  in- 
dividual may  be  recommended  every  year  for  the  above  mentioned 
gratuity,  to  be  selected  by  alternate  years  ;  that  is  to  say,  one  year 
a  Serjeant  or  corporal,  the  next  year  a  private. 

[Discharged  soldiers  receiving  a  gratuity  for  meritorious  con- 
duct^ shall  be  entitled  to  wear  a  silver  medal,  having  on  one  side  of 
it  the  words,  "  for  long  service  and  good  conduct,"  and  on  the  other 
side,  in  relief,  the  king's  arms,  with  the  name  arid  rank  of  the  sol- 
dier, and  the  year  inscribed  on  the  medal.  The  medal  will  be 
transmitted  by  the  adjutant-general  to  the  officer  commanding  the 
regiment,  who  will  deliver  it  to  the  soldier  on  the  parade,  with  the 
parchment  certificate  of  discharge,  on  which  the  grant  will  be  re- 
corded, as  well  as  in  the  regimental  orders,  and  in  the  register  of 
soldier's  services. 

If  circumstances  should  prevent  the  discharged  soldier  from  re- 
ceiving the  medal  at  the  regiment,  it  will  be  delivered  to  him 
through  the  adjutant  general,  at  the  board  of  the  Chelsea  cornmis- 
8 — f  12  mar 


174  MARSHALL  ON  THE  ENLISTING,  ETC.  OF  SOLDIERS. 

sinners.] — Art.  50.     By  order  of  the  king,  signified  to  the  secre- 
tary at  war,  July  30,  1830.— ££  H. 

51.  In  order  to  secure  the  interests  .of  the  soldier,  at  the  close  of 
his  military  service,  a  regimental  board  shall  henceforward  be  as- 
sembled under  the  orders  of  the  commander-in-chief,  for  the  purpose 
nf  verifying  the  following  particulars,  before  any  soldier  be  recom- 
mended to  be  discharged. 

"  In  order  to  secure  to  the  deserving  soldier,  when  discharged,  a 
provision  proportioned  to  the  length  and  nature  of  his  service,  and 
to  enable  our  commissioners  of  Chelsea  hospital  to  carry  into  full 
effect  our  rules  and  regulations  for  the  pensioning  of  soldiers, — 
We  do  hereby  order,  that  no  soldier  shall  he  discharged,  whether 
for  un fitness,  or  for  any  other  cause,  unless  his  services,  conduct, 
character,  and  the  cause  of  the  discharge,  be  ascertained  before  a 
regimental  board,  to  be  held  for  the  purpose  of  verifying  and  record- 
ing all  these  necessary  particulars  in  the  discharge,  on  which  do- 
cument the  decision  of  our  commissioners  of  Chelsea  hospital  on 
the  soldier's  claim  will  be  made. — The  board  shall  be  composed, 
in  all  cases,  of  three  officers: — the  major,  or  second  in  command, 
shall  be  the  president,  and  two  captains  shall  be  members; — and 
all  military  persons  who  may  be  summoned  by  the  president  there- 
of are  directed  to  attend,  and  give  information  to  the  board  on  the 
subject  of  their  inquiry  :  such  board  is  not  competent  to  award 
any  punishment  or  forfeiture  of  service,  their  duty  being  restricted 
to  the  faithful  and  impartial  record  of  the  soldier's  services  and 
conduct  at  the  close  of  his  military  career;  and  they  will  be  go- 
verned in  this  their  duty  by  a  reference  to  our  rules,  orders,  and 
regulations  for  the  pensioning  of  soldiers,  which  regulations  shall 
be  produced  before  thg  board  whenever  it  is  assembled  : — When 
the  board  is  assembled  by  order  of  the  commanding  officer,  or  other 
superior  authority,  the  members  thereof  shall  severally  make  the 
following  declaration  in  the  presence  of  the  soldier  whose  case  is 
under  inquiry  :— 

I,  A.  B.  do  declare,  upon  my  honour,  that  I  will  duly  and  im- 
partially inquire  into  the  matters  to  be  brought  before  this  board, 
according  to  the  rules  and  regulations  of  his  majesty's  service, 
and  if  any  doubt  shall  arise,  according  to  my  conscience,  the  best 
of  my  understanding,  and  the  custom  of  the  service  in  like  cases" 
Rules  and  Articles,  1830,  page  34. 

1st.  His  services. — The  regimental  records  shall  be  produced, 
from  which  the  board  will  make  a  report,  stating  the  period  of  the 
soldier's  service,  the  countries  in  which  he  has  served,  the  wounds 
he  has  received,  the  battles,  sieges,  or  campaigns,  in  which  he  was 
present,  and  any  instances  of  remarkable  bravery  he  may  have 
displayed. 

2d.  His  character. — The  regimental  records  shall  be  referred  to, 
and  parole  evidence  be  required  from  those  officers  of  the  corps, 
particularly  the  medical  officers,  and  others  who  have  had  the  best 


PENSIONING   WARRANT    1829.  175 

opportunities  of  witnessing  the  soldier's  conduct  in  all  situations. 
If  he  shall  have  forfeited  his  service  by  the  sentence  of  a  court- 
martial,  and  shall  not  have  had  such  service  restored,  the  fact  and 
cause  of  such  forfeiture  are  to  be  stated  ;  and  as  the  rate  of  pension 
to  be  awarded  will  be  influenced  by  character,  the  board  will,  after 
the  most  careful  investigation,  report  whether  the  soldier's  conduct 
has  been  generally  good,  bad,  or  indifferent,  in  the  terms  best  cal- 
culated to  express  their  opinion,  more  especially  directing  their  at- 
tention to  the  latter  years  of  his  service. 

3d.  His  disability. — The  board  is  to  specify  the  nature,  degree, 
and  cause  of  the  disability,  in  their  report,  and  to  affix  to  it  the  re- 
port from  the  medical  officer,  stating  the  origin  and  progress  of 
such  disability,  the  manner  in  which  it  was  contracted,  the  conduct 
of  the  man  whilst  in  hospital,  and  the  degree  of  his  unfitness  for 
military  service,  in  order  that  no  soldier  may  be  discharged  as  dis- 
abled, unless  the  disability  shall  be  ascertained  to  be  such,  as  in  all 
probability  to  disqualify  him  permanently  for  military  service. 

4th.  ffis  accounts  and  claims. — The  board  will  ascertain  and 
report  upon  all  just  demands  of  pay,  clothing,  &c.  and  before  the 
soldier  leaves  the  regiment,  the  settlement  of  his  accounts  is  to  be 
certified  in  his  discharge,  and  signed  by  him. 

But  no  soldier  shall  be  examined  before  a  regimental  board,  with 
a  view  to  his  discharge  for  disability,  unless  he  shall  have  been 
previously  inspected  by  the  general,  or  other  superior  officer  in 
command,  by  whose  orders  the  regimental  board  will  be  convened. 

The  board  shall  be  composed  of  three  officers :  A  field  officer,  or 
the  second  in  command,  shall  be  the  president,  and  two  captains 
shall  be  members.  When  the  report  of  the  board  shall  have  been 
confirmed  by  the  officer  commanding  the  regiment,  the  president 
shall  fill  up  the  discharge,  according  to  the  substance  of  the  regi- 
mental board's  proceedings.  The  discharge  shall  then  be  signed 
by  the  president,  and  countersigned  by  the  commanding  officer, 
and  be  transmitted,  together  with  a  certified  copy  of  the  court's  pro- 
ceedings, to  the  adjutant-general,  through  the  general  or  other  offi- 
cer commanding  on  the  station. 

52.  In  any  case  of  disability,  requiring  the  soldier  personally  to 
appear  before  the  commissioners  of  Chelsea  hospital  to  obtain  a  de- 
cision upon  his  claim  for  pension,  the  soldier  in  the  first  instance 
will  be  ordered  to  the  invalid  depot  at  Chatham,  or  to  the  general 
hospital  in  Dublin,  in  order  that  the  remarks  of  the  military  and 
medical  authorities  at  those  stations  may  be  inserted  in  the  dis- 
charge ;  and  on  the  day  appointed  for  the  commissioners  to  hold  a 
board  at  Chelsea,  or  Kilmainham,  the  principal  medical  officer,  or 
the  staff-surgeon  who  has  had  the  soldier,  whose  case  is  before  the 
board,  under  treatment  at  the  general  hospital,  will  attend,  with  an 
abstract  of  his  professional  observations  on  each  man's  case,  when 
the  board  will  decide  upon  the  claim  to  pension. 

If  the  regimental  investigation  shall  have  been  held  abroad,  the 
general,  or  superior  officer  on  the  station,  will,  according  to  his 


176          MARSHALL  ON  THE  ENLISTING,  ETC.  OF  SOLDIERS. 

judgment,  order  the  soldier  to  a  convalescent  station  abroad,  or  to 
ihe  invalid  depot  at  Chatham. 

Upon  the  report  of  the  military  and  medical  authorities  at  the 
invalid  depot  at  Chatham,  or  at  the  general  hospital  in  Dublin,  the 
commander-in-chief  will  give  the  necessary  orders  for  the  personal 
appearance  of  the  soldier  at  Chelsea,  or  Kilmairiharn,  or  for  his 
joining  the  depot  companies  of  his  regiment,  or  for  his  final  dis- 
charge, according  to  the  circumstances  of  the  case;  but  no  soldier 
who  may  have  been  sent  from  the  invalid  depot  Chatham,  or  from 
the  general  hospital  Dublin,  to  his  regiment,  on  a  medical  report  of 
his  fitness  for  duty,  shall  be  returned  to  the  said  depot  or  hospital, 
until  after  the  expiration  of  one  year,  unless  specially  directed  to 
be  so  returned  by  the  commander-in-chief. 

[And  whenever  a  decision  shall  have  been  given  by  order  of  the 
commander-in-chief,  to  retain  a  soldier  in  the  service,  proposed  to 
be  discharged,  the  case  of  such  soldier  shall  not  be  again  brought 
forward  for  discharge,  until  after  the  expiration  of  one  year,  dating 
from  the  last  decision.] — Art.  52.  By  order  of  the  king,  signified 
to  the  secretary  at  war,  July  30,  1830. — H.  H. 

53.  If  the  case  of  the  soldier  be  clearly  such  as  not  to  entitle  him 
to  any  pension,  and  that  there  is  no  necessity  for  his  personal  ap- 
pearance before  the  commissioners  of  Chelsea  hospital,  the  pro- 
ceedings of  the  regimental  board,  and  the  discharge  stating  the 
grounds  of  the  rejection  of  his  service,  shall  nevertheless  be  sent  to 
Chelsea  :  if  the  commissioners  shall  concur  that  the  soldier  has  no 
claim,  they  will  communicate  their  decision  to  the  secretary  at 
war,  according  to  Article  13  of  these  regulations  ;  but  if  the  com- 
missioners shall  entertain  a  different  opinion,  they  will  make  fur- 
ther inquiry. 

No  discharge,  to  which  a  claim  for  pension  may  attach,  shall  be 
finally  confirmed  by  the  adjutant  general's  department,  until  the 
case  shall  have  been  decided  upon  by  the  commissioners  of  Chelsea 
hospital. 

[Recruits  under  three  years'  service,  who,  upon  trial,  have  been 
proved  to  be  never  likely  to  be  made  good  and  efficient  soldiers, 
may  be  reported  once  a  year  after  the  summer  half-yearly  inspec- 
tion, for  the  purpose  of  being  discharged,  under  such  instructions 
as  the  commander-in-chief  and  the  secretary  at  war  may  issue.] — 
Art.  53.  By  order  of  the  king,  signified  to  the  secretary  at  war, 
July  30,  1830.— H.H. 

I  fear  much  that  the  permission  granted  in  the  last  paragraph  of 
this  article  is  liable  to  be  greatly  abused.  A  great  majority  of  young 
soldiers,  more  or  less  dislike  the  army  during  the  period  of  drill  ; 
and,  until  they  become  domesticated  in  a  corps,  "a  recruit,"  says 
the  Duke  of  Wellington,  "  must  be  constrained  to  serve  the  state 
according  to  his  engagement,  and  must  be  taught  and  must  be 
forced  to  learn  how  to  serve  in  his  station  of  soldier,  how  to  keep 
his  equipment  in  order,  and,  above  all,  to  attain  habits  of  obedience 


PENSIONING    WARRANT    1829.  .177 

and  good  order,  and  of  respect  and  attention  to  his  official  supe- 
riors." Now,  before  a  soldier  can  he  thus  far  trained,  his  irregular 
habits  and  propensities  must  be  checked,  his  inclinations  thwarted, 
and  his  habits  altered.  Under  this  discipline  some  recruits  or 
young  soldiers  desert,  others  suffer  in  health,  and  not  a  few  simu- 
late disabilities.  In  the  French  army,  where  the  period  of  service 
is  short  and  well  defined,  which  is  not  the  case  in  the  British  army, 
loss  of  health  seems  to  be  very  prevalent  among  young  conscripts. 
"  Cetle  maladie  (home  sickness)  etait  surtout  assez  frequente  dans 
1'armee  Francaise  parmi  les  jeunes  gens  que  la  conscription  arra- 
chait  du  sein  de  leurs  families  et  de  leurs  plus  cheres  affections. 
*  La  discipline  du  corps,  1'obeissance  a  laquelle  les  soldats 
sont  astreints,  le§  puriitions.  le  changement  de  nourriture  et  de 
climat,  contrastent  singulierement  avec  la  libertedont  ils  jouissaient 
auparavant." — (Vade  Mecum  par  le  Chevalier  Sarlandiere.) 

These  circumstances  will,  in  some  measure,  account  for  the 
great  number  of  young  soldiers  who  are  brought  forward  under 
the  sanction  of  this  article  for  discharge,  and  who  are  lost  to  the 
service.  Regimental  officers  are  commonly  not  unwilling  to  pro- 
mote the  dismissal  of  unpromising  recruits,  whether  their  alleged 
inefficiency  arises  from  physical'or  moral  causes;  but  the  dis- 
charge of  one  man  may  excite  many  to  simulate  unfitness  for  the 
service.  I  am  therefore  disposed  to  question  the  policy  of  render- 
ing the  discharge  of  men  under  three  years'  service  more  easy  than 
that  of  soldiers  who  have  served  a  longer  period  ;  this  being  a  time 
when  soldiers  are  much  disposed  to  feign  disabilities  for  the  pur- 
pose of  leaving  the  service. 

54.  Lists  of  the  soldiers  allowed  to  purchase  discharges,  or  ob- 
tain jfree  discharges,  shall  be  periodically  sent  to  the  secretary  at 
war,  with  the  discharges  themselves  and  other  requisite  documents, 
in  order  that  an  accurate  register  may  be  kept  of  this  class  of  dis- 
charged men  at  Chelsea. 

55.  Soldiers  who  obtain  permission  to  be  discharged  at  their 
own  request  for  length  of  service  and  good  conduct,  as  laid  down 
in  Article  46,  and  soldiers  discharged  in  the  colonies  or  garrisons 
abroad,  as  being  disabled,  if  they  have  in   both   cases  completed 
twenty-one  years'  service  in  the  infantry,  or  twenty-four  years  in 
the  cavalry,  and  are  desirous  of  settling  in  such  colonies,  may  be 
admitted  on  the  out-pension   list,  without  appearing  personally  be- 
fore the  commissioners  of  Chelsea  hospital,  provided  that  the  re- 
commendation from  the  officer  commanding  on   the  station,  with 
the  reports  and  discharges,  shall  be  transmitted  through  the  com- 
mander-in-chief  to  the  secretory  at  war,  who  will  signify  his  ma- 
jesty's pleasure  to  the  commissioners  for  the  pensioning  of  any  sol- 
dier, without  his  appearing  personally  before  them,  at  such  rate  of 
pension  as  they  may  determine  ;  and  until  such  decision  shall  be 
received   abroad,  the  soldier  will  continue  to  draw  his   full  pay, 
without  allowances  ;  but  in  all  these  instances  the  soldier's  case 


MARSHALL  ON  THE  ENLISTING,  ETC.  OF  SOLDIERS. 

shall  be  investigated,  and  his  claim  to  pension  regulated  according 
to  the  51st  and  52d  articles  of  these  regulations. 

56.  Any  soldier  discharged  while  serving  abroad,  shall,  if  the 
superior  authorities  on  the  spot  think  fit,  and  the  good  conduct  of 
the  soldier  justifies  the  indulgence,  have  the  option  of  receiving 
assistance  by  a  grant  of  land,  to  become  a  settler  in  the  colony  in 
which  he  may  be  serving,  as  regulated  in  Article  46,  or  of  being 
sent  to  Great  Britain  or  Ireland,  free  of  expense  ;  in  the  latter  case 
he  shall  receive  the  regulated   marching  money,  from  the  place  of 
his  being  landed,  to  the  parish  or  place  in  which  he  was  originally 
attested,  or  to  such  other  place  as  he  may  choose,  provided  no  addi- 
tional expense  be  incurred. 

VII. — Deductions  to  which  the  pensioner  is  Habit'. 

57.  The  only  deduction   to  which   pensioners  shall    be   liable 
from  their  pension,  is  one  shilling  in  the  pound,  as  heretofore  di- 
rected by  the  act  of  the  28th  of  George  II.  and  no  agent  or  clerk 
paying  the  pensioners  shall  demand  or  take  from  them  any  fee  or 
reward,  without  subjecting  himself  to  the  penalty  of  forfeiting  his 
office,  together  with  the  sum  of  L.100,  in  conformity  with  the  act 
of  the  7th  Geo.  IV.  cap.  16. 

[By  an  act  relating  to  army  pensions,  of  the  16th  July,  1830,  the 
secretary  at  war,  with  regard  to  pay  and  pensions,  and  the  com- 
missioners of  Chelsea  hospital,  with  regard  to  prize  money  and 
pensions,  paid  by  order  of  the  commissioners,  are  respectively  em- 
powered to  issue  any  balance  due  to  a  deceased  officer,  soldier,  or 
pensioner,  when  the  amount  does  not  exceed  L.50,  to  the  next  of 
kin  or  legal  representative  of  the  deceased,  without  the  production 
of  letters  of  administration.] — Art.  57,  Bis. 

58.  No  person  employed  to  pay  the  pensioners  shall  be  allowed 
to  charge  more  than  three  pence  for  the  affidavit  required  to  be 
transmitted  quarterly  to  the  secretary  to  the  board  of  Chelsea  hos- 
pital. 

59.  Should  a  pensioner  lose  his  instructions,  and  make  an  ap- 
plication for  a  fresh  copy,  he  may  be  supplied  therewith,  on  untie- 
ing affidavit  of  the  circumstances  under   which  the  original   was 
Jost,  and  provided  it  shall  be  shown  that  the  same  had  not  been 
pledged,  or  improperly  disposed  of;  but  if  the  pensioner  be  proved 
to  have  taken  a  false  oath,  he  shall  be  struck  off  the  pension  list. 
When  new  instructions  are  given,  he  shall   be  liable  to  pay  for 
them  a  sum  not  exceeding  two  shillings  and  sixpence,  nor  less  than 
one  shilling. 

60.  The  commissioners  shall,  as  heretofore,  at  their  discretion, 
dismiss  any  in-pensioner  from  the  hospital  if  guilty  of  misconduct ; 
and  upon  such  dismissal  they  shall  have  the  power  of  reducing  the 
amount  of  the  pension  to  which  such  pensioner  was  entitled  on  his 
admission,  or  of  taking  it  away  altogether. 

61.  Whenever  a  grant  of  land  is  made  to  a  discharged  soldier, 


PENSIONING    WARRANT    1833.  179 

either  in  commutation  of  the  pension,  or  in  aid  of  his  becoming  a 
settler,  he  shall  be  exempt  from  the  payment  of  any  fees  for  such 
grant ;  the  terms  upon  which  grants  to  soldiers  and  pensioners  are 
to  he  made  shall  be  governed  by  such  instructions  as  his  majesty 
may  be  pleased  to  give,  through  the  secretary  of  state  for  the  colo- 
nial department. 

62.  Should  any  doubts  arise,  as  to  the  true  intent  and  meaning 
of  any  part  of  the  foregoing  regulations,  his  majesty's  pleasure  will 
be  signified  through  the  secretary  at  war. 
By  his  majesty's  command, 

HENRY  HARDINGE. 
.  .:.-»-. 

[The  foregoing  amendments  and  alterations  of  the  6th,  33d, 
46th,  50th,  52d,  53d,  and  57th  articles  were  issued  from  the  war 
office,  in  a  circular  under  date  the  30th  July,  1830,  and  directed 
by  the  secretary  at  war  to  be  affixed  to  the  articles  to  which  each 
respectively  belongs  in  the  pensioner  regulations.  On  the  first  re- 
print of  the  warrant,  these  alterations  are  to  be  inserted  in  their 
proper  places  in  the  regulations,  but  the  date  of  the  alteration  in 
the  margin  is  to  be  retained.] 

III. —  Warrant  regulating  the  grant  of  pension,  allowance  and 
relief  to  soldiers  on  their  discharge  from  the  Army.     Dated 
7th  February,  1833. 
WILLIAM  R. 

WHEREAS  we  have  judged  it  expedient  to  revise 
the  warrant  of  our  late  royal  brother,  dated  the  14th  day  of  No- 
vember, 1829,  for  granting  pensions,  allowances,  and  relief  to  sol- 
diers on  their  discharge  from  our  army  as  wounded,  disabled,  or 
invalided,  and  disbanded  or  reduced  ;  our  will  and  pleasure  there- 
fore is,  that  this  our  warrant  shall  be  established  and  obeyed  as  our 
sole  authority  under  which  pensions,  allowances,  and  relief,  may 
be  granted  to  discharged  soldiers  who  shall  be  enlisted  into  our 
service  after  the  first  day  of  March,  1833,  but  that  all  non-commis- 
sioned officers  and  soldiers  enlisted  previously  to  that  day  shall,  as 
regards  their  claim  to  pension  on  discharge,  remain  entitled  to 
every  benefit  or  provision  which  they  can  at  present  claim  under 
any  warrants  or  regulations  which  were  in  force  at  the  time  of  their 
original  enlistment. 

A  soldier  enlisted  for  unlimited  service  cannot  demand  his  dis- 
charge as  a  matter  of  right,  either  with  or  without  a  pension  ;  but 
discharge  may  be  granted— 

1.  On  account  of  incapacity  for  further  service. 

2.  In  consequence  of  reduction  of  the  military  establishment. 

3.  As  an  indulgence  upon  certain  conditions. 

The  commissioners  of  Chelsea  hospital  are  charged  with  the 
application  of  those  rules  which  are  to  govern  the  ordinary  grants 
of  pension,  the  amount  of  which  shall  in  no  case  exceed  the  rates 


180 


MARSHALL  ON  THE   ENLISTING,  ETC.  OF  SOLDIERS. 


fixed  by  this  warrant,  and  when  once  granted  the  amount  cannot 
be  increased  by  the  commissioners.  But  the  commissioners  shall 
not,  without  the  concurrence  of  the  secretary  at  war,  act  upon  any 
discharge  which  shall  not  have  been  completed  according  to  the 
form  prescribed  by  the  secretary  at  war ;  nor  upon  such  discharge 
unless  it  be  brought  before  them  within  six  months  after  the  date 
on  which  the  soldier  shall  have  quitted  the  service. 

Such  special  deviations  from  those  general  rules  as  are  herein- 
after expressed,  or  as  may  appear  advisable  to  his  majesty,  will  be 
made  by  the  secretary  at  war,  with  whom  alone  it  rests  to  interpret 
the  true  intent  and  meaning  of  any  passage  in  the  warrant  or  regu- 
lations on  which  a  doubt  may  arise. 

The  pecuniary  benefits  attaching  under  this  warrant  to  cases  of 
disability,  are  expressly  and  strictly  to  be  limited  to  disability  caus- 
ed in  and  by  the  service,  and  pensions  arc  not  to  be  bestowed  upon 
those  who  have  not  acquired  strong  claims  to  them;  or  who.  by 
want  of  proper  care,  or  by  vice,  intemperance,  or  other  misconduct, 
have  rendered  themselves  incapable  of  further  service. 

In  exercising  any  discretion  within  the  range  of  the  allowances 
prescribed  by  this  warrant,  the  points  to  be  kept  steadily  in  view 
are,  the  gallant  conduct  and  good  character  of  the  soldier;  the 
length  of  his  good  and  faithful  services:  the  extent  of  that  disa- 
bility which  can  fairly  be  ascribed  to  the  effect  of  service  only; 
and  the  degree  to  which  it  interferes  with  his  power  of  earning  a 
livelihood. 

I.  Permanent  pensions. 

Wounds  in  action. — Permanent  pensions  may  be  granted  to 
men  discharged  in  consequence  of  being  rendered  incapable  of  fur- 
ther service  by  wounds  or  injuries  received  in  action,  according  to 
the  following  scale  : — 


RANK. 

FIRST 

DEGREE. 

SECOND  DEGREE. 

THIRD  DEGREE. 

Men  able  to  contribute 
towards  earning  a  live- 
lihood,   although    ren- 
dered by  wounds  unfit 
for  the  ordinary  duties 
of  a  soldier. 

Men  rendered  incapable 
by    wounds,  of  earning 
a  livelihood,  but  not  re- 
quiring the  aid  of  ano- 
ther person. 

Men  losing  two  limbs  or 
both  eyes,  from  wounds, 
or    beirg     so     severely 
wounded  as  to  be  totwlly 
incapable   of  e.irning  a 
livelihood,    and    to    re- 
quire the  assistance  and 
care  of  some  other  per- 
son. 

Private, 
Corpora!, 
Serjeant, 

From 

S.      (1. 

0     6 
0     9 
1     0 

To 
«.     d. 
0    9 
1     0 
1     6 

s.     d. 
1     0 
1     4 
1  10 

From 
$.     d. 
1     6 
1   10 
2     fi 

To 
*.     d. 
3     0 
2     4 
3     0 

In  cases  of  extreme  suffering  from  wounds  received  in  action  by 
non-coiurnissioned  officers  or  soldiers  of  long  service,  or  of  gallant 
conduct  in  the  field,  a  sum  not  exceeding  sixpence  a  day,  may  be 


PENSIONING    WARRANT    1833.  181 

granted  at  the  recommendation  of  the  commander-in-chief,  by  the 
commissioners,  with  the  consent  of  the  secretary  at  war,  as  his 
majesty's  royal  bounty,  in  addition  to  the  pension  which  may  have 
been  awarded  by  the  commissioners  of  Chelsea  hospital. 

Blindness. — Permanent  pensions  may  be  granted  to  men  who 
shall  become  totally  blind  from  unavoidable  causes  other  than 
wounds,  but  clearly  attributable  to  the  military  service  alone,  ac- 
cording: to  the  following  scale  : — Private,  from  9d.  to  Is.  ;  Corporal, 
having  served  seven  years  as  such,  Is.  to  Is.  3d.  ;  Serjeant,  having 
served  as  a  non-commissoned  officer  ten  years,  and  not  less  than 
five  years  as  a  Serjeant,  Is.  3d.  to  Is.  lOd. 

If  the  soldier  shall  have  served  more  than  fourteen  years  in  the 
infantry,  or  more  than  seventeen  years  in  the  cavalry,  and  be  dis- 
charged with  a  constitution  impaired  by  the  effects  of  colonial  ser- 
vice, besides  being  afflicted  with  total  blindness,  an  increase  to  the 
above  rates,  not  exceeding  for  a  private  threepence  a.  day,  and  for  n 
non-commissioned  officer,  fourpcnce  a  day,  may  be  added  by  the 
commissioners  with  the  consent  of  the  secretary  at  war. 

No  soldier  shall  be  discharged  for  the  loss  of  an  eye  only,  whe- 
ther it  be  the  right  or  the  left ;  but  if  a  soldier  shall  have  lost  one 
eye  by  a  wound  in  action,  or  by  the  effects  of  service,  and  shall 
receive  other  wounds  or  injuries  in  action,  or  be  otherwise  so  disa- 
bled as  to  render  his  discharge  necessary,  the  loss  of  an  eye  may 
be  taken  into  consideration  in  fixing  the  pension  at  such  a  rate  as 
his  combined  wounds  or  disabilities  may  entitle  him  to  receive. 

Men  unfit  for  the  ordinary  duties  of  a  soldier,  after  twenty-one 
years'  service  in  the  infantry ',  or  twenty-four  years  in  the  cavalry. 
— Permanent  pensions,  according  to  the  following  scale,  may  be 
granted  to  men,  who  having  completed  twenty-one  years'  actual 
service  in  the  infantry,  or  twenty-four  years  in  the  cavalry,  may  be 
discharged  in  consequence  of  being  rendered  unfit  for  the  ordinary 
duties  of  a  soldier,  by  disabilities  contracted  in  and  by  the  service. 


MARSHALL  ON  THE  ENLISTING,  ETC.  OF  SOLDIERS. 


From      To 

s.   d.       s.  d. 

0     6.  .  1     0 

Ctt            f  *T3 

—  t_  "> 

Corporal    .     . 

Who  shall  have  served  con- 

JS °  5  ^1 

tinuously  as  corporal  five 

"    £    ^"5    x 

years  immediately  preced- 

3        CM    cS 

ing  his  discharge.      .     . 

0     8.  .  1     2 

•S  g\j  £  •» 

.5  >  =-=  B 

Serjeant,       Co- 

Who shall  have  served  con- 

£d>    °    *~*     |-j 
Sfc  c 

lour  Serjeant, 

tinuously   as    a    non-com- 

u.   QJ  .~    £ 

D    O  -^          •  — 

Troop       Ser- 

missioned      officer      five 

-fl              £2   ^ 

jeant  Major. 

years,  of  which  the  three 

si's  Is 

years  immediately  preced- 

O         —            4) 

ing    his    discharge    shall 

"*"     "    g  CM  — 

have  been  as  serjeant.  . 

0  10  .  .  1     4 

^S'*'  S   015 

S  «"«  b"" 

Ditto     .     .     . 

Who  shall  have  served  con- 

.£ u  >  a  «" 

tinuously  as  serjeant  five 

'    -c  S«5  S 

years  immediately  preced- 

-e ^  ".£  o 

ing  his  discharge. 

1     0..  1     6 

C    3  -C    C 

Quartermaster 

Who  shall  have  served  con- 

An   addition    to    the 

Serjeant,  Ser- 

tinuously  as    such    three 

pension     to    which     he 

jeant  Major. 

years  immediately  preced- 

would  have   been   enti- 

ing his  discharge.      .     '. 

tled  as  a  serjeant  of  3d. 

a  day  for  a  quarter  mas- 

ter serjeant,  and  of  6d.  a 

day  for  a  serjeant  major. 

By  this  warrant,  a  soldier's  ordinary  pension  after  twenty-one 
years'  service  is  sixpence  a  day  in  lieu  of  one  shilling,  or  tenpence 
if  a  man  retired  at  his  own  request,  by  the  warrant  of  1829.  Sol- 
diers who  have  served  twenty-five  years  in  the  infantry  are  entitled 
hy  the  warrant  of  1829  to  receive  each  a  pension  of  Is.  2d.,  but  by 
the  warrant  of  1833,  they  will  receive  only  8d.  Men  who  have 
served  twenty-one  years  in  the  infantry,  or  twenty-four  years  in 
the  cavalry,  are  well  entitled  to  a  pension,  upon  which  they  may 
be  able  to  exist ;  but  a  soldier  who  has  been  long  accustomed  to 
the  pay  and  comforts  of  the  army,  is  not  able  to  live  upon  6d.  a 
day — he  must  become  a  pauper.  Recruits  seldom  think  of  pen- 
sions when  they  enter  the  army,  but  after  ten  or  twelve  years'  ser- 
vice, this  subject  engages  much  of  their  attention  ;  and  those  who 
have  enlisted  since  1833,  will  be  apt  to  draw  comparisons,  and  to 
find  that  they  have  been  less  liberally  dealt  with  than  men  who  en- 
listed before  that  period.  This  circumstance  may  lead  to  ill  hu- 
mour, discontent,  and  ultimately  to  malingering  for  the  purpose  of 
being  discharged.  In  the  event  of  the  breaking  out  of  a  war,  and 
a  large  augmentation  of  the  army  being  necessary,  a  higher  rate  of 
pension  will  require  to  be  granted  not  only  to  the  men  who  then 
enlist,  but  to  all  the  men  in  the  service  who  have  enlisted  since 
1833.  If  I  recollect  rightly,  the  men  who  had  enlisted  for  unlimited 
service  previous  to  Mr.  Windham's  act  were  included  in  the  new 


PENSIONING    WARRANT    1833.  183 

rates  ef  pension  given  to  men  for  limited  service,  and  even  the  old 
pensioners  had  their  rates  raised. 

Men  unfit  to  earn  a  livelihood  after  twenty-one  years'  service  in 
the  infantry  or  twenty-four  years  in  the  cavalry. — If  a  man  be 
discharged,  not  only  as  unfit  for  the  ordinary  duties  of  a  soldier, 
after  the  above  periods  of  service,  but  on  account  of  permanent  dis- 
abilities or  injuries  contracted  in  and  by  the  service,  so  as  to  be 
permanently  incapable  of  earning  a  sufficient  livelihood,  an  increase 
to  the  above  rates  not  exceeding  for  a  private,  3d.  a  day  ;  corporal, 
4d. ;  serjeant  6d.  may  be  made  by  the  commissioners  with  the  con- 
sent of  the  secretary-at-war  ;  but  the  pension  of  a  private  shall  in  no 
case  exceed  one  shilling  a  day,  of  a  corporal  one  shilling  and  four- 
pence,  of  a  serjeant  one  shilling  and  tenpence,  of  a  quarter  master 
serjeant  two  shillings  and  a  penny,  and  of  a  serjeant  major  two 
shillings  and  fourpence  a  day. 

Men  unfit  to  earn  a  livelihood,  under  twenty-one  years'  service 
in  the  infantry,  or  twenty-four  years  in  the  cavalry. — Permanent 
pensions  may  also  be  granted  to  men  discharged  on  account  of  dis- 
abilities or  injuries  contracted  in  and  by  the  service,  which  shall  be 
so  permanently  prejudicial  to  their  bodily  exertions  r.s  to  render 
them  incapable  of  earning  a  sufficient  livelihood  ;  according  to  the 
following  scale : 

After  fourteen  and  under  twenty-one  years'  service  in  the  infan- 
try, or  after  seventeen,  and  under  twenty-four  years'  service  in  the 
cavalry: — Private  from  6d.  to  8d ;  corporal,  having  served  seven 
years  as  corporal,  from  7d.  to  9d. ;  serjeant.  having  served  five  years 
as  serjeant,  from  9d.  to  Is. 

These  cases  are.  however,  to  be  deemed  special,  and  the  pension 
is  not  to  be  granted  by  the  commissioners  without  the  consent  of 
(lie  secretary  at  war. 

The  temporary  pensions  which  may  have  been  awarded  by  the 
commissioners  of  Chelsea  hospital,  under  a  subsequent  clause  of  this 
warrant,  to  men  discharged  as  unfit  for  the  ordinary  duties  of  a 
soldier  on  account  of  disabilities  contracted  in  and  by  the  service 
previously  to  the  completion  of  fourteen  years'  service  in  the  infan- 
try, or  of  seventeen  years  in  the  cavalry,  may,  under  extraordinary 
circumstances  of  extreme  suffering,  or  of  permanent  incapacity  to 
earn  a  sufficient  livelihood,  be  made  permanent  on  the  recommenda- 
tion of  the  commissioners  of  Chelsea  hospital,  by  the  secretary  at 
vva  r. 

Permanent  pension  on  reduction. — Permanent  pensions  may  be 
allow. 'd  to  men  discharged  without  disability,  in  consequence  of 
the  reduction  or  disbandmeut  of  their  regiments  after  a  service  of 
twenty-one  years  in  the  infantry,  or  of  twenty-four  years  in  the 
cavalry;  but  the  rates  shall  in  every  case  be  within  those  granted 
by  this  warrant,  to  men  discharged  as  unfit  for  the  ordinary  duties 
of  a  soldier,  and  shall  he  proportioned  to  the  length  of  the  man's 
service,  and  his  merits  as  a  soldier. 

Permanent  pension  as  an  indulgence. — Soldiers  of  good  cha- 


MARSHALL  ON  THE  ENLISTING,  ETC.  OF  SOLDIERS. 


racter,  who  have  served  twenty-five  years  in  the  infantry,  or  twenty- 
eight  in  the  cavalry,  may,  although  not  unfit  for  the  service,  obtain, 
at  their  own  request,  their  discharge  and  a  permanent  pension,  not 
in  any  case  to  exceed  for  a  private  sixpence  a  day,  for  a  corporal 
eight  pence  a  day,  and  for  a  serjeant  tenpence  a  day. 

As  to  the  indulgence  of  granting  a  permanent  pension  to  soldiers 
of  good  character  who  have  served  twenty-five  years  in  the  infantry, 
or  twenty-eight  in  the  cavalry,  I  have  only  to  observe,  that  very 
few  soldiers  have  hitherto  served  these  periods  in  the  respective 
branches  of  the  service.  Long  before  twenty-five  or  twenty-eight 
years'  service,  they  are  in  general  completely  unfit  for  duty,  and 
discharged  as  worn  out. 

In  the  following  classes  of  troops  and  stations,  the  centesimal  ratio 
of  men  above  forty  years  of  age,  from  1st  January,  1830.  till  3 1st 
March,  1837,  was  as  understated  : 


Stations. 

Aggregate 
strength. 

Aggregate 
No.  above  40 
years  of  age. 

Ratio  per  cent, 
above  40  years 
of  age. 

Household  Cavalry, 

b,345 

570 

6.8 

Dragoon  Gds.  &  Dragoons, 

43,163 

2.920 

6.7 

Foot  Guards, 

33,410 

2,035 

6.0 

Mediterranean    stations    in- 
cluding Gibraltar, 

53,196 

1,639 

3.0 

Bermuda, 

3,445 

79 

2.2 

Jamaica, 

16,653 

352 

2.1 

Canadas, 

16.561 

346 

2.0 

Windward  andLeeward  com- 
mand, 

30,413 

609 

2.0 

Nova  Scotia  and  New  Bruns 
wick, 

12.599 

241 

1.9 

Temporary  pensions  or  gratuities  in  lieu  thereof. 

Men  unfit  for  the  ordinary  duties  of  a  soldier,  under  twenty-one 
years'  service  in  the  infantry^  or  twenty  four  years  in  the  cavalry. 
— Men  discharged  previously  to  the  completion  of  twenty-one  years' 
service  in  the  infantry,  or  of  twenty-four  years' service  in  the  cavalry, 
on  account  of  their  being  unfit  for  the  ordinary  duties  of  a  soldier, 
in  consequence  of  a  disability  contracted  in  and  by  the  service,  may 
be  allowed  temporary  pensions  according  to  the  following  scale, 
viz. — Under  seven  years'  service,  sixpence  a  day  from  one  to 
eighteen  months;  above  seven  but  under  ten  years'  service,  sixpence 
a  day  from  one  to  two  years;  above  ton  but  under  fourteen  years' 
service  in  the  infantry,  or  under  seventeen  years  in  the  cavalry,  six- 
pence a.  day  from  two  to  three  years;  above  fourteen  but  under 
twenty-one  years'  service  in  the  infantry,  and  above  seventeen  but 
under  twenty-four  years  in  the  cavalry,  sixpence  a  day  from  three 
to  five  years. 

A  non-commissioned  officer,  who  shall  have  served  continuously 


PENSIONING  WARRANT  1833.  185 

at  least  three  years  in  the  rank  he  held  when  discharged,  may  be 
allowed  an  addilion  not  exceeding  for  a  corporal  twopence  a  day, 
and  for  a  Serjeant  fourpence  a  day,  to  the  temporary  pension  which 
would  have  been  granted  to  him  if  he  had  been  discharged  as 
private. 

In  severe  cases  of  disability  or  injury  resulting  entirely  from  mil- 
itary duty,  or  from  the  effects  of  climate,  under  twenty-one  years' 
service  in  the  infantry,  or  under  twenty-four  years  service  in  the 
cavalry,  the  temporary  pension  may  be  renewed  by  the  secretary 
at  war  for  such  further  period  as  the  special  circumstances  of  the 
case  may  in  his  judgment  warrant. 

In  special  cases  where  it  may  be  considered  more  advantageous 
to  the  soldier's  interest,  that  a  gratuity  in  money,  proportioned  to 
the  length  of  his  services,  and  the  duration  of  the  temporary  pension 
awarded,  should  be  given  instead  of  the  temporary  pension,  a  sum 
varying  from  L.I  to  L.30  may  be  allowed  by  the  commissioners, 
if  the  soldier  appear  personally  before  them,  or  by  the  secretary  at 
war,  if  the  soldier  be  discharged  without  being  examined  personally 
by  the  commissioners  ;  but  in  every  instance  the  gratuity  shall  only 
be  paid  to  the  soldier  after  his  arrival  at  the  place  of  his  intended 
future  residence. 

Temporary  pension  on  reduction. — Temporary  pensions,  or  the 
gratuities  in  lieu  thereof,  according  to  the  foregoing  scales,  may  be 
also  granted  at  the  discretion  of  the  commissioners  to  men  discharged, 
without  disability,  for  the  convenience  of  the  public  service,  in  con- 
sequence of  the  reduction  or  disbandment  of  their  regiments,  after 
a  service  of  fourteen  but  under  twenty-one  years  in  the  infantry, 
or  after  seventeen  but  under  twenty-four  years'  service  in  the 
cavalry. 

III.     Discharges  by  indulgence. 

Soldiers  of  good  character  may  be  allowed  to  purchase  discharges, 
or  to  obtain  free  discharge  at  their  own  request,  if  they  have  served 
the  requisite  period  ;  but  the  number  of  men  to  be  annually  dis- 
charged, and  the  selection  of  individuals,  shall  be  governed  by  such 
instructions  as  the  commarider-in-chief,  with  the  concurrence  of  the 
secretary  at  war,  may  from  time  to  time  give  for  extending  or  limit- 
ing: the  numbers,  or  for  wholly  suspending  the  permission. 

In  all  cases  of  free  discharge,  a  period  of  not  less  than  thirty  days, 
for  the  purpose  of  giving  the  soldier  a  sufficient  time  for  delibera- 
tion, shall  elapse  between  the  soldier's  application  and  the  com- 
manding officer's  consent  to  recommend  the  discharge ;  and  the 
prospect  of  permanent  pension  which  the  soldier  will  forfeit  by  ac- 
cepting a  free  discharge  at  his  own  request,  shall  be  clearly  explained 
to  him. 

Soldiers  may  be  permitted  to  purchase  or  to  obtain  discharge,  at 
their  own  request,  upon  the  following  terms: — 


186  MARSHALL  ON  THE  ENLISTING,   ETC.  OF  SOLDIERS. 

Cavalry.  Infantry. 

Under  7  years  upon  payment  of  L.30  20 

Above  7.  25  18 

10^  -  21  15 

12,  15  10 

14,  12  5 

15,  6         -       Free. 

16,  Free.  Free. 

When  it  is  the  intention  of  a  soldier  who  has  been  permitted  to 
obtain  a  free  discharge,  at  his  own  request,  to  settle  in  any  of  his 
majesty's  colonies,  he  may,  if  in  good  health,  be  allowed,  in  further- 
ance of  that  object,  by  the  secretary  at  war,  a  gratuity  proportioned 
to  the  length  of  his  services,  according  to  the  following  scale  ;  but 
this  gratuity  shall  be  paid  to  him  only  in  the  colony  in  which  he 
proposes  to  settle,  and  in  such  manner  and  at  such  times,  but  within 
eighteen  months  after  his  arrival,  as  shall  be  deemed  best  for  his 
interests  by  the  general  officer  in  command  of  the  station,  or  by  the 
governor  of  the  colony;  but  the  permission  to  setile  in  the  colonies 
will  of  course  be  governed  by  the  instructions  of  the  secretary  of 
state  for  the  colonies. 

Cavalry.  Infantry.  To  a  private.  To  a  Corporal.  To  a  Serjeant. 

After  21  years.  After  18  years.     L.10  -       L.15  -       L.20 

22  19  12  18  24 

23  20  14  -         20  28 

24  21  16  24  32 

25  22  18  27  36 

26  23  20  30  40 

27  24  24  36  48 

provided  that,  in  the  case  of  the  corporal  and  Serjeant,  he  shall  have 
served  continuously  five  years  immediately  preceding  his  discharge 
in  the  rank  he  held  when  discharged. 

Where  grants  of  land  in  the  colonies  can  be  made  in  addition  to 
free  discharges,  the  precise  terms  of  the  grant,  and  the  most  advan- 
tageous mode  of  paying  the  gratuity,  shall  be  clearly  explained  to 
the  soldier  before  he  receives  his  discharge,  and  shall  be  registered 
in  the  regimental  records.  When  a  soldier  who  has  received  a  free 
discharge,  with  or  without  a  gratuity,  has  been  settled  three  months, 
and  is  actually  residing  on  his  grant,  and  is  industriously  employed 
in  clearing  it,  the  governor,  under  authority  from  the  secretary  at 
war,  may  authorise  the  issue  of  a  quarter's  pension  at  sixpence  a 
day,  and  may  from  time  to  time  renew  such  issue  for  a  period  not 
exceeding  in  the  whole  one  year. 

IV.   Rewards  for  Meritorious  Conduct. 

With  the  view  of  rewarding  meritorious  soldiers  when  discharged, 
and  of  encouraging  good  conduct  in  others  whilst  serving,  his  ma- 
jesty has  been  pleased  to  direct  that  a  gratuity,  in  addition  to  the 


PENSIONING  WARRANT  1833.  187 

pension,  may  in  certain  cases  be  given  to  one  serjeant  or  corporal, 
and  one  private,  annually,  in  every  regiment  of  an  establishment  of 
700  rank  and  file  and  upwards;  and  in  regiments  of  a  lower  esta- 
blishment than  700  rank  and  file,  one  individual  may  be  recom- 
mended every  year  for  the  above  mentioned  gratuity,  to  be  selected 
by  alternate  years;  that  is  to  say,  one  year  a  serjeant  or  corporal, 
the  next  year  a  private. 

The  men  to  be  recommended  must  have  completed  twenty-one 
years  of  actual  service  in  the  infantry,  or  twenty-four  in  the  cavalry; 
have  never  been  convicted  by  court-martial,  and  must  have  borne 
an  irreproachable  character,  or  have  particularly  distinguished 
themselves  in  the  service.  The  Serjeants  must  have  served  ten 
years,  and  the  corporals  seven  years,  in  their  respective  ranks  as 
non-commissjoned  officers,  and  must  have  been  discharged  as  such. 
The  gratuity  to  the  serjeant  shall  be  L.15;  corporal,  L.7;  private, 
L.5.  These  gratuities  will  be  paid  under  the  directions  of  the 
secretary  at  war,  to  whom  the  commander-in-chief  will  notify  the 
individuals  selected,  previously  to  their  discharge;  the  names  and 
services  of  the  individuals  receiving  the  gratuity  shall  be  published 
in  regimental  orders,  and  the  secretary  at  war  will  notify  them  to 
the  parishes  to  which  the  men  belong. 

Discharged  soldiers  receiving  the  gratuity  for  meritorious  con- 
duct shall  be  entitled  to  wear  a  silver  medal,  having  on  one  side  of 
it  the  words  "For  Long  Service  and  Good  Conduct,"  and  on  the 
other  side,  in  relief,  the  king's  arms,  with  the  name  and  rank  of  the 
soldier,  and  the  year  of  his  discharge,  inscribed  on  the  medal.  The 
medal  will  be  transmitted  by  the  adjutant-general  to  the  officer  com- 
manding the  regiment,  who  will  deliver  it  to  the  soldier  on  parade, 
with  the  parchment  certificate  of  discharge,  on  which  the  grant  will 
be  recorded,  as  well  as  in  the  regimental  orders,  and  in  the  register 
of  soldiers'  services. 

[This  rule  is  obviously  impracticable  in  a  great  number  of  in- 
stances.] 

If  circumstances  should  prevent  the  discharged  soldier  from 
receiving  the  medal  at  the  regiment,  it  will  be  delivered  to  him 
through  the  adjutant-general  at  the  board  of  the  commissioners  of 
Chelsea  hospital. 

. 
V.   General  Provisions. 

Medical  examination  of  soldiers  claiming  pensions  for  dis- 
ability.— In  no  case  shall  a  soldier  be  pensioned  for  disability  until 
his  case  shall  have  been  reported  upon  by  some  other  medical 
authority  than  the  medical  officers  of  the  regiment  to  which  he  be- 
longs; and  the  principal  medical  officer  or  staff-surgeon,  who  has 
had  under  treatment  at  the  general  hospital  the  soldier  who  is  re- 
quired to  appear  personally  before  the  commissioners  of  Chelsea 
hospital,  or  before  the  governors  of  Kilmainham  hospital,  will 
attend  on  the  day  appointed  by  the  commissioners  to  hold  a  board 


188          MARSHALL  ON  THE  ENLISTING,  ETC.  OF  SOLDIERS. 

at  Chelsea  or  Kilmainham,  with  an  abstract  of  his  professional 
observations  on  the  man's  case,  when  the  board  will  decide  upon 
the  soldier's  claim  to  pension. 

Personal  appearance  before  Ckdsea  board  dispensed  with  in 
certain  cases.—  Soldiers  who  obtain  permission  to  be  discharged  to 
pension  at  (heir  own  request,  for  length  of  service  and  good  con- 
duct, and  soldiers  discharged  as  being  disabled,  if  they  have  com- 
pleted twenty-one  years'  service  in  the  infantry,  or  twenty-four 
years'  service  in  the  cavalry,  may  be  admitted  on  the  out-pension 
list  witli^ut  appearing  personally  before  the  commissioners  of  Chel- 
sea hospital,  provided  that  the  reports  of  the  regimental  boards  and 
the  discharges  shall  be  transmitted  through  the  cornmander-in- 
chief  to  the  secretary  at  war,  who  will  signify  to  the  commissioners 
his  majesty's  pleasure  for  the  pensioning  of  such  soldiers  without 
their  appearing  personally  before  the  board,  at  such  rate  of  pension 
as  the  commissioners  may  determine;  but  no  soldier  shall  be  pen- 
sioned by  the  commissioners  without  personal  appearance,  except 
under  such  dispensing  authority  conveyed  to  them  by  the  secretary 
at  war. 

Proceeding's  of  commissioners  to  be  reported  to  the  secretary 
at  war. — Immediately  after  each  board  at  Chelsea  hospital,  a  re- 
turn shall  be  forwarded  by  the  commissioners  to  the  secretary  at 
war,  showing  in  detail  the  pensions  which  have  been  granted,  and 
the  claims  which  have  been  refused  at  the  board.  The  secretary 
at  war,  on  receiving  the  return,  shall  make  such  communications 
on  the  subject  to  the  commanding  officers  of  the  regiments  from 
which  the  men  shall  have  been  discharged,  and  to  the  parishes  to 
which  the  men  belong,  as  may  in  his  judgment  seem  proper. 

Rules  for  reckoning  service  towards  pension. — The  date  of 
attestation  shall  be  the  commencement  of  a  soldier's  service,  which 
shall  reckon  towards  pension  from  the  age  of  eighteen  only.  The 
age  specified  in  the  attestation  shall  be  taken  to  be  the  real  age, 
and  he  shall  in  no  case  benefit  by  the  subsequent  discovery  of  any 
misrepresentation.  His  service  shall  be  rekoned  according  to  the 
rules  applicable  to  the  corps  in  which  he  may  be  serving  when  dis- 
charged. 

But  he  shall  not  reckon  as  military  service  any  previous  service 
in  his  majesty's  navy,  nor  any  period  during  which  he  shaU  not 
be  entitled  to  pay,  according  to  the  provisions'  of  the  mutiny  act. 

Service  of  non-commissioned  officers, — No  non-commissioned 
officer  shall,  on  his  discharge,  have  any  claim  to  the  allowance  or 
pension  awarded  to  a  corporal  or  Serjeant,  except  for  continuous 
service  immediately  preceding  his  discharge  in  the  rank  he  held 
when  discharged:  but  if  a  Serjeant  shall  be  discharged  without 
having  served  continuously  as  serjearit  the  full  period  prescribed  by 
this  warrant  lo  entitle  him  to  the  pension  of  that  rank,  he  may  be 
allowed  to  reckon  as  corporal's  service  the  whole  of  his  continuous 
service  as  a  non-commissioned  officer,  to  entitle  him  to  the  rate  of 
pension  allowed  to  the  rank  of  corporal;  and  antecedent  service  as 


PENSIONING  WARRANT  1833.  189 

a  non-commissioned  officer  in  a  rank  from  which  he  may  have 
been  reduced,  may  be  specially  admitted  to  reckon  as  part  of  his 
continuous  service,  provided  it  be  established  to  the  satisfaction  of 
the  secretary  at  war,  that  such  reduction  in  rank  was  on  account 
of  the  public  service,  and  did  not  result  from  any  irregularity  or 
misconduct  on  the  part  of  the  soldier  himself. 

The  period  during  which  any  soldier  may  have  been  employed 
as  an  acting  lance  Serjeant  or  corporal,  shall  not  be  allowed  to 
reckon  as  non-commissioned  officer's  service. 

Discharged  men  re-enlisting. — A  soldier  discharged  on  the  dis- 
bandment  or  reduction  of  his  corps,  shall,  on  being  permitted  to 
re-enlist  within  three  years,  reckon  his  former  service,  provided 
that  at  the  time  of  being  attested  he  shall  declare  his  former  period 
of  service,  and  the  cause  of  his  discharge  from  his  last  corps,  so 
that  they  may  be  recorded  in  his  attestation. 

A  soldier  who  has  purchased  his  discharge,  or  has  received  a  free 
discharge  at  his  own  request,  shall  not,  if  he  re-enlist,  reckon  his 
former  service. 

A  soldier  discharged  from  the  army  for  disability,  or  for  any 
other  cause,  who  shall  on  re-enlisting  conceal  the  fact  or  misrepre- 
sent the  cause  of  his  former  discharge,  shall  not  be  allowed  to 
reckon  his  past  service,  or  to  receive  any  pension  if  again  dis- 
charged for  disability. 

A  pensioner  who  shall,  under  a  proclamation  of  his  majesty,  or 
other  lawful  authority,  be  called  upon  to  serve  in  a  veteran  bat- 
talion or  company,  or  to  be  attached  to  a  regiment  of  the  line  within 
the  United  Kingdom,  shall,  on  his  discharge,  reckon  such  service 
towards  increase  of  pension,  provided  the  period  be  not  less  than 
one  year. 

A  pensioner  who  voluntarily  enlists  into  a  veteran  company  or 
battalion,  or  who  is  appointed  to  be  a  district,  or  barrack,  or  garrison 
serjeant,  or  a  military  clerk,  or  hospital  steward,  or  who  is  employ- 
ed in  any  other  military  capacity,  shall  not  be  entitled  to  reckon 
such  service  towards  increase  of  pension;  but  if  such  pensioner 
shall  have  served  ten  years  or  more  in  a  veteran  company  or  bat- 
talion, or  as  district  serjeant,  and  shall  be  discharged  therefrom 
with  a  good  character,  or  even  if  he  shall  have  served  less  than  ten 
years,  and  shall  be  discharged  under  circumstances  entitling  him 
to  special  consideration  as  a  deserving  soldier,  an  increase  of  pen- 
sion may  be  granted  to  him,  not  exceeding  in  any  case  the  rates 
allowed  by  this  warrant  to  men  discharged  as  unfit  for  the  ordinary 
duties  of  a  soldier,  upon  his  majesty's  pleasure  to  that  effect  being 
signified  to  the  commissioners  of  Chelsea  hospital  by  the  secretary 
at  war. 

Forfeiture  of  pension. — A  soldier  forfeits  all  claim  to  pension 
who  has  been  convicted  by  a  court-martial  of  the  crime  of  desertion  ; 
of  having  wilfully  maimed  himself;  or  of  having  tampered  with 
his  eyes,  or  caused  a  total  or  partial  loss  of  sight  by  his  vice,  in- 
temperance, or  other  misconduct : — of  having  made  or  of  being 
8 — g  13  mar 


190  MARSHALL  ON  THE  ENLISTIN'G,  ETC.  OF  SOLDIERS. 

privy  to  the  making  of  any  fuiso  entry,  or  of  producing  any  fraudu- 
lent document,  either  as  regards  his  own  services,  or  those  of  any 
other  person; — and  upon  conviction  by  a  court  martial,  or  by  a 
civil  tribunal,  of  any  vicious  or  disgraceful  conduct. 

If  in  either  of  the  above  cases  the  soldier  shall,  subsequently  to 
such  conviction  by  court-martial,  have  performed  good,  faithful,  or 
gallant  service,  he  may,  on  the  same  being  duly  certified  by  the 
commander-in-chief,  be  restored  lo  the  benefit  of  the  whole  or  of 
any  part  of  his  service,  upon  his  majesty's  pleasure  to  that  effect 
bi'ing  signified  by  ihe  secretary  at  war. 

Non-commissioned  officers  and  soldiers  who  have  forfeited  their 
claims  lo  pension  in  consequence  of  misconduct,  shall  have  their 
names  and  the  circumstances  under  which  their  pensions  were  for- 
feited, published  in  the  orderly  book  of  the  regiment  to  which  they 
belonged,  and  a  memorandum  of  the  circumstances  may,  at  the  dis- 
cretion of  the  secretary  at  war,  be  sent  to  the  parishes  to  which  they 
belong  when  the  men  are  discharged. 

A  pensioner  shall  be  subject  to  forfeiture  of  pension  under  the 
following  circumstances: — For  wilfully  obtaining  credit,  for  more 
than  his  actual  service,  by  means  of  false  entries,  alterations,  or 
erasure  in  regimental  books  or  documents,  or  by  any  misrepresenta- 
tion of  his  real  claims* — for  the  commission  of  any  felonious  act  or 
gross  fraud,  proved  to  the  satisfaction  of  the  commissioners; — for 
not  appearing  when  called  upon,  according  to  the  regulations  and 
conditions  of  the  service,  by  the  commissioners  of  Chelsea  hospital, 
or  other  lawful  authority,  to  serve  in  a  veteran  or  garrison  battalion 
or  company,  or  in  a  regiment  of  the  line  within  the  limits  of  the 
United  Kingdom,  or  for  refusing  so  to  serve  when  required; — for 
neglecting  to  obey  the  call  of  the  magistrates,  or  other  sufficient  au- 
thority, to  assist  in  preserving  the  public  peace; — for  gross  violence 
or  outrage  towards  any  person  paying  the  pensioners; — for  assum- 
ing a  false  name  when  committed  or  imprisoned  by  the  magistrates 
on  any  charge  of  vagrancy,  or  of  any  misdemeanour  or  crime; — 
upon  conviction  by  a  civil  tribunal  for  felony  or  for  any  vicious  or 
disgraceful  conduct.  But  the  commissioners  at  Chelsea  hospital, 
with  the  consent  of  the  secretary  at  war,  may,  in  certain  cases  ap- 
pearing to  them  to  admit  of  such  an  act  of  grace,  restore  the  pen- 
sioner, who  has  so  forfeited  his  pension,  to  the  whole,  or  to  a  portion 
of  his  original  rate  of  pension. 

Any  pensioner  who  neglects  to  draw  his  pension  for  four  suc- 
cessive quarters  shall  be  struck  off  the  pension  list,  and  shall  not 
be  replaced  unless  lie  shall  satisfactorily  account  for  such  omission. 
and  the  commissioners  shall,  at  their  discretion,  grant  or  withhold 
the  arrears,  or  any  portion  thereof. 

If  a  pensioner  shall  apply  to  any  parish  for  relief  for  himself  or 
family,  or  shall  suffer  his  family  to  become  chargeable  to  the  parish, 
his  pension  will  become  payable  to  the  parish  officers,  according  to 
the  provisions  of  the  acts  of  parliament,  59  Geo.  III.  c.  12,  and 
6  Geo.  IV.  c.  27. 


PENSIONING  WARRANT  1836.  191 

A  pensioner  on  his  admission  to  Chelsea  or  Kihnainham  hospi- 
tals as  an  in-pensioner,  forfeits,  in  conformity  with  the  act  7  Geo. 
IV.  c.  16,  all  claim  to  the  out-pension;  but  the  commissioners  of 
Chelsea  and  the  governors  of  Kilmainham  hospitals  may,  upon 
reasonable  cause  assigned  to  them,  permit  any  in-pensioner  to  retire 
from  the  said  hospitals,  and  may  also  dismiss  any  in-pensioner  who 
lias  been  guilty  of  misconduct;  reserving  to  themselves  the  power 
.•f  restoring  or  of  reducing  the  amount  of  the  pension  to  which  such 
pensioner  was  entitled  on  his  admission. 

Deductions  to  which  the  pensioner  is  liable. — Every  pension 
granted  under  the  authority  of  this  warrant  shall  be  subject  to  a 
deduction  of  sixpence  in  the  pound. 

No  person  employed  to  pay  the  pensioners  shall  be  allowed  to 
charge  more  than  threepence  for  the  affidavit  required  to  be  trans- 
mitted quarterly  to  the  secretary  to  the  board  at  Chelsea  hospital ; 
and  no  agent  or  clerk  paying  the  pensioners  shall  demand  or  take 
from  them  any  fee  or  reward,  without  subjecting  himself  to  the 
penalty  of  forfeiting  his  office,  together  with  the  sum  of  L.100,  in 
conformity  with  the  act  7  Geo.  IV.  c.  16. 

Should  a  pensioner  lose  his  instructions,  and  make  an  applica- 
tion for  a  fresh  copy,  he  may  be  supplied  therewith  on  making  an 
affidavit  of  the  circumstances  under  which  the  original  was  lost. 
and  provided  it  shall  be  shown  that  the  same  had  not  been  pledged 
or  improperly  disposed  of;  but  if  the  pensioner  be  proved  to  have 
taken  a  false  oath,  he  shall  be  struck  off  the  pension  list.  When 
new  instructions  are  given,  he  shall  be  liable  to  pay  for  them  a 
sum  not  exceeding  two  shillings  and  sixpence,  nor  less  than  one 
shilling. 

Given  at  our  court  at  St.  James's,  this  seventh  day  of  February, 
1833.  in  the  third  year  of  our  reign. 

By  his  majesty's  command, 

JOHN  HOBHOUSE. 

IV.    Warrant,  18th  August,  1836. 

WILLIAM  R. — WHKRKAS  it  has  befii  represented  to  us  that  it 
would  materially  tend  to  the  encouragement  of  good  conduct  in  the 
army,  if  a  reward,  to  be  attained  only  by  the  well-conducted  soldier, 
were  substituted  for  the  additional  pay  now  granted  to  soldiers  who 
have  completed  certain  periods  of  service:  Our  will  and  pleasure 
is,  that  all  soldiers  who  shall  enlist  into  our  service  on  or  after  the 
1st  day  of  September,  1836,  shall  have  no  claim  to  additional  pay 
after  any  period  of  service,  but  that  a  reward  of  additional  pay  for 
good  conduct  shall  be  granted  to  such  soldiers  under  the  following 
rules: — 

1.  Soldiers  who  shall  have  completed  seven  years' service  shall 
be  entitled  to  claim  Id.  a  day,  and  to  wear  a  ring  of  lace  round  the 
right  arm,  provided  their  names  shall  not  have  been  entered  in  the 


192          MARSHALL  ON  THE  ENLISTING,   ETC.  OF  SOLDIERS. 

regimental  defaulters'  book  for  at  least  two  years  immediately  pro- 
ceeding such  claim. 

2.  Soldiers  who  shall   have  completed  fourteen  years'  service 
shall  he  entitled  to  claim  a  further  reward  of  Id.  a  day,  and  to  wear 
two  rings  of  lace  round  the  right  arm,  provided  they  shall  have 
been  uninterruptedly  in  the  enjoyment  of  the  Id.  a  day  for  at  least 
two  years  immediately  preceding  such  further  claim. 

3.  Soldiers  who  shall  have  completed  twenty-one  years'  service 
shall  be  entitled  to  claim  a  further  reward  of  Id.  a  day,  and  to  wear 
three  rings  of  lace  round  the  right  arm,  provided  they  shall  have 
been  uninterruptedly  in  the  enjoyment  of  the  2d.  a  day  for  two 
years  immediately  preceding  their  claim  to  the  third  penny. 

4.  Soldiers  who  by  their  good  conduct  shall  have  obtained  the 
distinction  of  one  or  more  rings,  shall  be  entitled  to  have  the  full  rate 
of  that  good  conduct  pay,  of  which  they  shall  have  been  in  uninter- 
rupted possession  for  five  years  immediately  preceding  their  dis- 
charge, added  to  the  rate  of  pension,  whether  temporary  or  perma- 
nent, to  which  they  may  have  a  right  under  the  provisions  of  our 
warrant  of  the  7th  February,  1833. 

5.  Soldiers  who  have  been  in  the  possession  of  some  one  or  other 
of  the  rates  of  good  conduct  pay  for  five  years  uninterruptedly,  but 
who  have  only  been  in  possession  of  either  of  the  higher  rates  for 
some  period  not.  less  than  two  years  immediately  preceding  their 
discharge,  shall  be  entitled,  if  discharged  with  two  rings,  to  an  ad- 
dition of  Ud.,  and  if  discharged  with  three  rings,  to  an  addition  of 
2£d.,  as  an  augmentation  of  the  pension  to  which  their  services  will 
entitle  them. 

6.  Soldiers  who  shall  have  been  in  the  uninterrupted  possession 
of  good  conduct  pay  for  at  least  threee  years  immediately  preceding 
their  discharge  for  disability,  or  by  reduction,  and  who  shall  not 
have  acquired  claims  to  pension,  or  who  shall  be  entitled  only  to 
temporary  or  conditional  pensions,  shall  have  their  names  registered 
at  Chelsea  hospital ;  and  upon  their  attaining  sixty  years  of  ajjo 
shall  receive,  as  a  reward  for  their  former  good  conduct,  a  pension 
of  4d.  a  day,  if  discharged  with  one  ring,  and  of  6d.  a  day  if  dis- 
charged after  having  been  twelve  months  in  possession  of  two  rings; 
and  this  reward  for  former  good  conduct  shall  also  be  extended  to 
soldiers  who  may  be  permitted  to  obtain  free  discharge  at  their  own 
request,  as  an  indulgence,  after  certain  periods  of  service,  as  de- 
scribed in  the  10th  article  of  this  warrant. 

7.  All  soldiers  now  in  our  service  who  enlisted  since  the   1st 
March,  1833,  shall  have  the  option  of  relinquishing  all  right  to  the 
additional  pay  of  2d.  a  day,  to  which  they  are  now  entitled  after  the 
completion  of  fourteen  years'  infantry,  or  of  seventeen  years'  cavalry 
service,  and  shall  then  be  entitled,  by  their  good  conduct,  to  claim 
the  Id.  a  day,  after  seven  years'  service,  and  shall  be,  in  all  respects, 
entitled  to  all  the  advantages  both  of  good  conduct  pay  while  serv- 
ing, of  pension  on  discharge,  and  of  deferred  pension,  which  ore 
hereby  granted  to  soldiers  henceforward  enlisting. 


PENSIONING  WARRANT  1830.  193 

8.  All  soldiers  now  serving,  who  enlisted  on  or  before  the  1st 
March,  1833,  shall,  by  relinquishing  their  right  to  additional  pay  for 
length  of  service,  be  entitled  to  claim  all  the  advantages  of  good  con- 
duct pay  while  serving,  which  are  here  granted  ;  but  as  the  warrants 
which  were  in  force  at  the  time  of  their  original  enlistment,  give 
them  a  right  to  higher  rates  of  pension  on  discharge,  than   those 
which  are  to  be  granted  to  men  enlisted  after  the  1st  March,  1833, 
they  will  not  be  entitled  to  have  their  good  conduct  pay  added  to 
their  pensions  on  discharge. 

9.  In  special  cases,  however,  of  men  enlisted  on  or  before  the  1st 
March,  1833,  who,  by  their  good  conduct,  have  obtained  the  dis- 
tinction of  one  or  more  rings,  and  who,  after  short  service,  may  be 
discharged  for  disabilities  or  by  reduction  either  without  pension, 
or  with  temporary  or  conditional,  or  permanent  pensions,  (not  ex- 
ceeding those  granted  for  similar  disabilities  and  services  under  our 
warrant  of  the  7th  February,  1833,)  the  good  conduct  pay  may,  by 
the  consent  of  our  secretary  at  war,  be  added  to  their  pensions;  and 
such  men,  if  not  placed  upon  permanent  pensions,  may  be  registered 
at  Chelsea  for  the  deferred  pension,  under  the  same  rules  as  the 
men  enlisted  after  the  1st  March,  1833. 

10.  Soldiers  who  shall  have  obtained  the  distinction  of  one  or 
more  rings,  and  who  may  be  permitted  to  purchase  or  obtain  free 
discharge  at  their  own  request,  shall  be  allowed  free  discharges  upon 
the  following  terms,  instead  of  those  prescribed  by  the  warrant  of 
our  late  royal  brother  of  the  14th  November,  1829,  and  by  our  war- 
rant of  the  7th  February,  1833;  but  the  conditions,  limitations,  and 
regulations  for  granting  discharges  by  indulgence,  laid  down  in  the 
said  warrants,  shall,  in  the  cases  of  all  other  soldiers,  remain  in  full 
force  — 

Cavalry.        Infantry. 

Under  5  years'  service,  L.30  L.20 

After  5  years'  service,  and  with  2  years'  )  0-  iq 

absence  from  the  defaulter's  book,  $ 

After  7  years  with  one  ring,  20  15 

After  10  do.  do.  15  10 

After  12  do.  do.  10  5 

After  14  do.  do.  5  Free. 

After  16  do.  do.  free,  with  the  right  of  registry  for  deferred 

pension  of  4d.  a  day. 

x  After  16  years,  with  2  rings,  having  possessed  the  second  at  least 
12  months,  free,  with  the  right  of  registry  for  deferred  pension  of 
6d.  a  day. 

11.  Soldiers  enlisted  since  the  1st  March,  1833,  who  are  in  the 
enjoyment  of  two  or  of  three  rings,  and  of  the  good  conduct  pay, 
may  obtain  permanent  pension  as  an   indulgence,  at  the  rate  fixed 
in  the  warrant  of  7th  February,  1833,  two  years  earlier  than  other 
men  who  have  not  earned  this  distinction,  and  may  further  receive 


194          MARSHALL  ON  THE  ENLISTING,  ETC.  OF  SOLDIERS. 

the  same  amount  of  good  conduct  pay  which  would  have  been 
added  to  their  ordinary  pension  under  the  rules  laid  down  in  this  war- 
rant, if  they  had  been  discharged  as  unfit  for  further  service  or  by 
reduction. 

12.  As  it  is  our  will  and  pleasure  that  this  reward  shall  he  strictly 
an  honourable  distinction,  to  be  conferred  only  upon  the  well  con- 
ducted soldier,  the  commanding  officers  of  regiments  are  strictly 
enjoined  to  enter  in  the  regimental  defaulter's  book  the  name  of 
every  soldier,  who,  in  consequence  of  any  misconduct  whatever, 
shall  have  been  confined  in  the  guard-house,  or  subjected  to  any 
punishment;    and  the  commission  of  every  offence,  which  shall 
impose  upon  the  commanding  officer  the  necessity  of  recording  the 
soldier's  name  in  the  regimental  defaulter's  book,  shall  render  the 
man  ineligible  for  this  reward  for  two  years  from  that  date  ;  and  if 
he  be  already  in  possession  of  this  distinction,  shall  deprive  him  of 
his  ring  and  good  conduct  pay  for  one  yetir ;  and  a  second  recorded 
offence  within  twelve  months  shall  render  two  years  of  uninter- 
rupted good  conduct  necessary  to  obtain  a  restoration  of  such  reward. 

13.  The  soldier  having  two  or  three  rings  shall  in  like  manner 
for  the  first  and  second  recorded  offences  forfeit  one  ring,  and  the 
good  conduct  pay  allowed  with  it  for  one  year  for  each  offence  ;  and 
if  a  third  offence  be  recorded  against  him  in  the  regimental  default- 
er's book  within  twelve  months,  he  shall  forfeit  all  claim  in  conse- 
quence of  his  previous  good  conduct,  and  shall  only  be  entitled  to 
obtain  a  restoration  of  his  honourable  distinctions,  by  subsequently 
serving  with  uninterrupted  good  conduct  for  two  years  to  obtain 
one  ring,  for  four  years  to  obtain  two  rings,  and  for  six  years,  to 
obtain  three  rings. 

14.  Any  soldier  who,  by  having  been  recorded  in  the  regimental 
defaulter's  book,  shall  have  been  adjudged  to  have  been  guilty  of  an 
offence  by  which  he  is  to  forfeit  the  whole  or  part  of  his  reward  for 
previous  good  conduct,  shall,  if  he  denies  the  commission  of  such 
offence,  have  the  right  of  appeal  to  a  court-martial. 

15.  A  soldier  may.  for  a  first  offence  of  a  serious  nature,  be  ad- 
judged, by  the  sentence  of  a  court-martial,  to  forfeit  all  or  any  part 
of  the  advantages  he  had  derived  from  his  previous  good  conduct, 
either  absolutely,  or  for  a  longer  or  shorter  period,  according  to  the 
circumstances  which  shall  have  appeared  in  evidence. 

16.  The  distinction  and  the  rewards  granted  by  this  warrant  will 
be  extended  to  corporals  and  drummers,  both  as  regards   pay  and 
pension,  but  Serjeants  and  other  non-commissioned  officers  will  not 
he  allowed,  while  serving,  any  addition  to  their  established  pay,  hut 
on  their  discharge,  they  may,  for  peculiarly  good  conduct,  on   the 
special  recommendation  of  our  general  commanding-in-chief,  and 
by  the  consent  of  our  secretary  at  war,  communicated  to  tin?  com- 
missioners of  Chelsea  hospital,  he  allowed  additions  of  Id..  2d.,  or 
3d.  a  day  to  their  pensions;  provided  that  the  aggregate  pension 
shall  in  no  case  exceed  for  a  serjoant  Is.  10d.,  for  a  quarter-master 
Serjeant 2s.  Id.  and  fora  serjeant-major,  2s.  4d.  a  day. 


PENSIONING  WARRANT  1836.  195 

Given  at  onr  court  at  Windsor,  this  18th  day  of  August,  1836,  in 
thesevemh  year  of  our  reign.     By  his  majesty's  command, 

HOWICK. 

V.— Instructions  consequent  upon  his  majesty's  warrant  of  the 
ISlh  August,  1836. 

1.  The  rules  established  hy  the  warrant  in  regard  to  soldiers  who 
shall  enlist  on  or  after  the  1st  September,  1836,  will  apply  to  men 
who  shall  re-enlist  after  that  date. 

2.  The  service  requisite  to  entitle  corporals,  drummers,  trumpet- 
ers, fifers,  buglers,  and  private  men  to  the  distinction  and  rewards 
granted  by  this  warrant,  may  include  former  service  in   all  ranks 
after  the  age  of  eighteen. 

3.  Men  discharged  on  reduction  or  for  disability,  and  re-enlisting 
within  three  years  after  the  date  of  their  di.'-charse,  may  reckon  their 
former  service,  provided  they  shall  declare  such  former  service  at 
the  time  of  re-enlistment;  but  men  purchasing  their  discharges,  or 
receiving  free  discharges,  shall  not  reckon  former  service. 

4.  The  forfeiture  of  service  now  attaching:  to  individuals  in  re- 
spect of  additional  pay,  in  consequence  of  the  sentence  of  a  court- 
martial,  or  of  conviction  for  desertion,  will  equally  attach  to  them 
in  respect  to  good  conduct  pay. 

5.  All  soldiers  now  serving  who  enlisted  on  or  before  the  1st 
March,  1833,  and  who  have  completed  twenty-one  years'  service, 
may,  on  relinquishing  their  right  to  additional  pay,  receive  3d.  per 
diem  good  conduct  pay,  provided  their  names  shall  not  have  been 
entered  in  the  regimental  defaulters'  book  for  at  least  six  years 
immediately  preceding  the  exchange. 

6.  Soldiers  of  less  than  twenty-one  years'  service,  already  in  the 
receipt  of  additional  pay  at  2d.  a  day  for  length  of  service,  may,  on 
relinquishing  their  riirht  to  additional  pay,  continue  to  receive  the 
same  amount,  as  good  conduct  pay,  provided  their  names  shall   not 
have  been  entered  in  the  regimental  defaulter's  book  for  at  least  four 
years  immediately  preceding  the  exchange. 

7.  Soldiers  who  are  already  in  the  receipt  of  additional  pay  of  Id. 
a  day  for  length  of  service  may,  on  relinquishing  their  right  to  ad- 
ditional pay,  continue  to  receive  the  same  amount,  ns  good  conduct 
pay.  provided  their  names  shall  not  have  been  entered  in  the  regi- 
mental defaulter's  book  for  at  least  two  years  immediately  preceding 
the  exchange. 

8.  Soldiers  not  yet  in  the  receipt  of  additional  pay  for  length  of 
service  may,  by  relinquishing  their  riofht  to  the  same,  receive  good 
conduct  pay.  on  completing  the  respeclive  periods  of  seven,  fourteen, 
and  twenty-one  years,  provided  their  names  shall  not  have  been  en- 
tered in  the  regimental  defaulter's  book —in  the  first  case,  for  at  least 
two  years;  in   the  second  case  for  at  least  four  years;  and  in  the 
third  case,  for  at  least  six  years  immediately  preceding. 

9.  Soldiers  who  were  present  at  the  battle  of  Waterloo  shall  be 


196          MARSHALL  ON  THE  ENLISTING,  ETC.  OF  SOLDIERS. 

allowed  to  reckon  two  years  in  addition  to  their  actual  service,  and 
those  who  were  enlisted  before  the  1st  December,  1829,  shall  be 
allowed  to  reckon  three  years  for  two  of  actual  service  after  the  age 
of  eighteen  in  the  East  and  West  Indies  (in  other  than  West  India 
regiments.) 

10.  Soldiers  enlisted  before  the  1st  September,  1836,  shall  be  en- 
titled to  the  distinction  of  rings  under  the  provisions  of  the  warrant, 
whether  they  accept  or  not  the  option  of  relinquishing  additional 
pay  for  good  conduct  pay ;  and  they  shall  be  entitled  to  the  same 
addition  to  their  pensions  for  the  number  of  rings  they  may  seve- 
rally possess  at  the  period  of  their  discharge,  as  is  allowed,  under 
the  provisions  of  the  warrant,  to  men  in  receipt  of  good  conduct 
pay. 

Ho  WICK. 

War- Office,  VZth  Sept.  1836. 

VI. —  Good  conduct  warrant,  dated  9/A  May,  1839. 

VICTORIA  R. — WHEREAS  it  has  been  represented  to  us,  that  it 
would  materially  tend  to  the  encouragement  of  good  conduct  in  the 
army  if  a  reward,  to  be  attained  only  by  the  well-conducted  soldier, 
were  substituted  for  the  additional  pay  granted  to  soldiers  who  have 
completed  certain  periods  of  service;  our  will  and  pleasure  is,  that 
all  corporals,  trumpeters,  drummers,  fifers,  buglers,  and  private  sol- 
diers, enlisted  or  re-enlisted  into  our  service  on  or  after  the  1st  day 
of  September,  1836,  shall  have  no  claim  to  additional  pay  after  any 
period  of  service,  but  that  a  reward  of  additional  pay  for  good  con- 
duct shall  be  granted  to  such  soldiers  under  the  following  rules  :— 

1.  Soldiers  who  shall  have  completed  seven  years'  service  shall  be 
entitled  to  claim  Id.  a  day,  and  to  wear  a  distinguishing  mark,  pro- 
vided their  names  shall  not  have  been  entered  in  the  regimental 
defaulter's  book  for  at  least  two  years  immediately  preceding  such 
claim. 

2.  Soldiers  who  shall  have  completed  14  years'  service  shall  be 
entitled  to  claim  a  further  reward  of  Id.  a  day,  arid  to  wear  two  dis- 
tinguishing marks,  provided  they  shall  have  been  uninterruptedly 
in  the  enjoyment  of  Id.  a  day,  for  at  least  two  years  immediately 
preceding  such  further  claim. 

3.  Soldiers  who  shall  have  completed  21  years'  service  shall  be 
entitled  to  claim  a  further  reward  of  Id.  a  day,  and  to  wear  three 
distinguishing  marks,  provided  they  shall  have  been  uninterrupt- 
edly in  the  enjoyment  of  the  2d.  a  day  for  two  years  immediately 
preceding  their  claim  to  the  third  penny. 

4.  Soldiers  who  shall  have  completed  28  years'  service  shall  be 
entitled  to  claim  a  further  reward  of  Id.  a  day,  and  to  wear  four 
distinguishing  marks,  provided  they  shall  have  been  uninterrupt- 
edly in  the  enjoyment  of  the  3d.  a  day,  for  two  years  immediately 
preceding  their  claim  to  the  fourth  penny. 

5.  Soldiers,  who  by  their  good  conduct  shall  have  obtained  one 


GOOD-CONDUCT  WARRANT  1836.  197 

or  more  distinguishing  marks,  shall  be  entitled  to  have  the  full  rate 
of  that  good  conduct  pay  of  which  they  shall  have  been  in  unin- 
terrupted possession  for  five  years  immediately  preceding  their  dis- 
charge, added  to  the  rate  of  pension,  whether  temporary  or  permanent, 
to  which  they  may  have  a  right  under  the^provisions  of  a  warrant 
of  our  late  royal  uncle,  dated  the  7th  February,  1833. 

6.  Soldiers  who  have  been  in  the  possession  of  some  one  or  other 
of  the  rates  of  good  conduct  pay  for  five  years  uninterruptedly,  but 
who  have  only  been  in  possession  of  either  of  the  higher  rates  for 
some  period  not  less  than  two  years  immediately  preceding  their 
discharge,  shall  be  entitled,  if  discharged  with  two  distinguishing 
marks,  to  an  addition  of  £d. ;  if  discharged  with  three  distinguishing 
marks,  to  an  addition  of  2£d. ;  and  if  discharged  with  four  distin- 
guishing marks,  to  an  addition  of  3id.,  as  an  augmentation  of  the 
pension  to  which  their  services  will  entitle  them. 

7.  Soldiers  who  shall  have  been  in  the  uninterrupted  possession 
of  good  conduct  pay  for  at  least  three  years  immediately  preceding 
their  discharge  for  disability,  or  by  reduction,  and  who  shall  not 
have  acquired  claims  to  pension,  or  who  shall  be  entitled  only  to 
temporary  or  conditional  pensions,  shall  have  their  names  registered 
at  Chelsea  hospital  ;  and  upon  their  attaining  sixty  years  of  age. 
shall  receive,  as  a  reward  for  their  former  good  conduct,  a  pension 
of  4d.  a  day  if  discharged  with  one  distinguishing  mark,  and  of  6d. 
a  day  if  discharged  after  having  been  twelve  months  in  possession 
of  two  distinguishing  marks;  and  this  reward  for  former  good  con- 
duct shall  also  be  extended  to  soldiers  who  may  be  permitted  to 
obtain  free  discharges  at  their  own  request,  as  an  indulgence,  after 
certain  periods  of  service,  as  described  in  the  llth  article  of  this 
warrant. 

8.  The  service  requisite  to  entitle  men  to  the  distinction  and  re- 
wards granted  by  this  warrant,  may  include  former  service  in  all 
ranks  after  the  age  of  eighteen. 

9.  Men  discharged  on  reduction  or  for  disability,  and  re-enlisting 
within  three  years  after  the  date  of  their  discharge,  may  reckon 
their  former  service,  provided  they  shall  declare  such  former  service 
at  the  time  of  re-enlistrnent ;  but  men  purchasing  their  discharges, 
or  receiving  free  discharges,  shall  not  reckon  former  service. 

10.  The  forfeiture  of  service  now  attaching  to  individuals  in  re- 
spect of  additional  pay,  in  consequence  of  the  sentence  of  a  court- 
martial,  or  of  conviction  for  desertion,  will  equally  attach  to  them 
in  respect  of  good  conduct  pay. 

11.  Soldiers  of  good  conduct,  who  may  be  permitted  to  purchase 
or  to  obtain  free  discharges  at  their  own  request,  shall  be  allowed 
free  discharges  upon  the  following  terms,    instead  of  those  pre- 
scribed by  the  royal  warrant  of  the  14th  November,  1829,  and  by  his 
late  majesty's  warrant  of  the  7th  February,  1833;  but  the  condi- 
tions, limitations,  and  regulations,  for  granting  discharges  by  in- 
dulgence, laid  down  in  the  said  warrants,  shall,  in  the  cases  of  all 
other  soldiers,  remain  in  full  force. 


198          MARSHALL  ON  THE  ENLISTING,  ETC.  OF  SOLDIERS. 


Cavalry.         Infantry. 

Under  5  years'  actual  service,  L.30  L.20 

After  5  years'  actual  service,  and  with  2  years'  )    t,~ 

absence  from  the  defaulter's  book, 
After  7  years'  actual  service,  with  one  distin- 
guishing mark, 

After  10  years'  actual  service,  with  one  distin- 
guishing mark, 

After  12         do.  do.  10 

After  14         do.  do. 

After  16         do.  do.  free,  with  the  right  of  registry  for 

deferred  pension  of  4d.  a  day. 

After  16  years'  actual  service,  with  two  distinguishing  marks, 
having  possessed  the  second  at  least  12  months,  free,  with  the 
right  of  registry  for  deferred  pension  of  6d.  a-day. 


20  15 

15  10 


12.  Soldiers  enlisting  since  the  1st  March,  1833,  who  are  in  the 
enjoyment  of  two  or  more  distinguishing  marks,  and  of  the  good 
conduct  pay,  may  obtain  permanent  pension  as  an  indulgence,  at 
the  rate  fixed  in  the  warrant  of  7th   February,  1833,  two  years 
earlier  than  other  men  who  have  not  earned  this  distinction,  and 
may  further  receive  the  same  amount  of  good-conduct  pay,  which 
would  have  been  added  to  their  ordinary  pension,  under  the  rules 
laid  down  in  this  warrant,  if  they  had  been  discharged  as  unfit  for 
further  service,  or  by  reduction. 

13.  As  it  is  our  will  and  pleasure  that  this  reward  shall  be  strictly 
an  honourable  distinction,  to  be  conferred  only  upon  the  well  con- 
ducted soldier,  the  commanding  officers  of  regiments  are  strictly 
enjoined  to  enter  in  the  regimental  defaulter's  book  the  name  of 
<3very  soldier  who,  in  consequence  of  misconduct,  shall  have  been 
subjected  to  any  punishment  beyond  six  days'  drill,  or  seven  days1 
confinement   to  barracks,  and  the  commission  of  every  offence, 
which  shall  impose  upon  the  commanding  officer  the  necessity  of 
recording    the  soldier's  name  in  the  regimental    defaulter's  book, 
shall  render  the  man  ineligible  for  this  reward  for  two  years  from 
that  date,  and.  if  he  be  already  in   possession  of  this  distinction, 
shall  deprive  him  of  his  distinguishing  mark  and  good-conduct  pay 
for  one  year;  and  a  second  recorded  offence  within  twelve  months 
shall  render  two  years  of  uninterrupted  good  conduct  necessary  to 
obtain  a  restoration  of  such  reward. 

14.  The  soldier  having  two  or  more  distinguishing  marks  shall, 
in  like  manner  for  the  first,  second,  and  third  recorded  offences, 
forfeit  one  distinguishing  mark,  and  the  good-conduct  pay  allowed 
with  it,  for  one  year  for  each  offence;  and  if  a  fourth  offence   be 
recorded  against  him  in  the  regimental  defaulter's    book,   within 
twelve  months,  he  shall  forfeit  all  claim  in  consequence  of  his  pre- 
vious good  conduct,  and  shall  only  he  entitled  to  obtain  a  restoration 
of  his  honourable  distinctions  by  subsequently  serving,  with  mi  in- 


GOOD-CONDUCT  WARRANT  1839.  199 

terrupted  good  conduct,  for  two  years,  to  obtain  one  distinguishing 
mark,  for  four  years  to  obtain  two  distinguishing  marks,  for  six 
years  to  obtain  three  distinguishing  marks,  and  for  eight  years  to 
obtain  four  distinguishing  marks. 

15.  Any  soldier  who,  by  having  been  recorded  in  the  regimental 
defaulter's  book,  shall  have  been  adjudged  to  have  been  guilty  of 
an   offence   by  which   he  is  to  forfeit  the  whole  or  a  part  of  his 
reward  for  his  previous  good  conduct,  shall,  if  he  denies  the  com- 
mission of  such  offence,  have  the  right  of  appeal  to  a  cnhrt-martiat. 

16.  A   soldier  may,  for  a  first   offence  of  a  serious  nature,  be 
adjudged,  by  the  sentence  of  a  court-martial,  to  forfeit  all  or  any 
part   of  the  advantages   he   had  derived  from  his  previous  good 
conduct,  either  absolutely  or  for  any  period  not  less  than  eighteen 
months,  according  to  the  circumstances  which  shall  have  appeared 
in  evidence. 

17.  The  distinction  and  the  rewards  granted  by  this  warrant  do 
riot  extend  to  Serjeants  and  other  non-commissioned  officers  above 
the  rank  of  corporal,  and   they  will  not  be  allowed,  while  serving, 
any  addition  to  their  established  pay;  but  if  permitted  to  purchase 
their  discharges,  or  to  obtain  free  discharges  at  their  own  request, 
they  will  be  admitted  to  the  benefits  of  article  11  of  this  warrant; 
and  if  discharge  to  pension,  they  may,  for  peculiarly  good  conduct, 
on  the  special  recommendation  of  our  general  commanding-in-chief, 
and  by  the  consent  of  our  secretary  at  war,  communicated  to  the 
commissioners  of  Chelsea  hospital,  be  allowed  additions  of  Id.  2d. 
vd.  or  4d.   a-day  to  their  pensions  ;  provided  that  the  aggregate 
pension    shall    in    no  case  exceed,  for  a  serjeant,  Is.   lOcl.,  for  a 
qnarter-master-serjeant,  2s.  Id.,  and   for  a  serjeant-maJor,  2s.  4d. 
a-day. 

18.  All  soldiers  now  in  our  service,  who  enlisted  since  the  1st 
March,  1833,  but  before  1st  September,  1S36,  shall  have  the  option 
of  relinquishing  all  right  to  the  additional  pay  of  2d.  a  day,  to  which 
they  are  now  entitled  after  the  completion  of  fourteen  years'  infan- 
try, or  of  seventeen  years' cavalry  service,  and  shall  then  beentiiled, 
by  their  good  conduct,  to  claim  the  Id.  a-day  after  seven  years' 
service,  and  shall  be,  in  all  respects,  entitled  to  all  the  advantages 
both  of  good-conduct  pay  while  serving,  of  pension  on  discharge, 
and  of  deferred  pension,  which  are  herein  before  granted  to  soldiers 
enlisted  on  or  after  1st  September,  1836. 

19.  All  soldiers  now  serving,  who  enlisted  on  or  before  the  1st 
March,  1833,  shall,  by  relinquishing  their  right  to  additional  pay 
for  length  of  service,  be  entitled  to  claim  all  the  advantages  of  good- 
conduct  pay  while  serving,  which  are  hereby  granted  ;  but  as  the 
warrants  which  were  in   force  at  the  time  of  their  original  enlist- 
ment give  them  a  right  to   higher  rates  of  pension  on  discharge 
than   those  which  are  to  be  granted  to  men  enlisted  after  the  1st 
March,  1333,  they  will  not  be  entitled  to  have  their  good-conduct 
pay  added  to  their  pensions  on  discharge. 

iiO.  In  special  cases,  however,  of  men  enlisted  on  or  before  the 


200         MARSHALL  ON  THE  ENLISTING,  ETC.  OF  SOLDIERS. 

1st  March,  1833,  who,  by  their  good  conduct,  have  obtained  one  or 
more  distinguishing  marks,  and  who,  after  short  service,  may  be 
discharged  for  disabilities,  or  by  reduction,  either  without  pension 
or  wilh  temporary,  or  conditional,  or  permanent  pensions,  (not 
exceeding  those  granted  for  similar  disabilities  and  services  under 
the  warrant  of  the  7th  February,  1833,)  the  good-conduct  pay  may. 
by  the  consent  of  our  secretary  at  war,  be  added  to  their  pensions  ; 
and  such  men,  if  not  placed  upon  permanent  pensions,  may  be 
registered  at  Chelsea  for  the  deferred  pensions,  under  the  same  rules 
as  the  men  enlisted  after  the  1st  March.  1833. 

21.  All  soldiers  now  serving,  who  enlisted  on  or  before  the  1st  of 
September,  1836,  and  who  have  completed  twenty-eight  years'  ser- 
vice, may,  on  relinquishing  their  right  to  additional  pay,  receive  4d. 
a  day  good-conduct  pay,  provided  their  names  shall  not  have  been 
entered  into  the  regimental  defaulter's  book,    for    at   least  eight 
years  immediately  preceding  the  exchange. 

22.  Soldiers  who  have  completed  twenty-one  years' service  may, 
on  relinquishing  their  right  to  additional  pay,  receive  3d.  per  diem 
good-conduct  pay,  provided  their  names  shall  not  have  been  entered 
in    the  regimental  defaulter's  book  for  at  least  six   years  imme- 
diately preceding  the  exchange. 

23.  Soldiers  of  less  than  twenty-one  years' service,  already  in  the 
receipt  of  additional  pay.  at  2d.  a  day,  for  length  of  service,  may. 
on  relinquishing  their  right  to  additional  pay,  continue  to  receive 
the  same  amount  as  good-conduct  pay,  provided^  their  names  shall 
not  have  been  entered   in  the  regimental  defaulter's  book  for  at 
least/owr  years  immediately  preceding  the  exchange. 

24.  Soldiers  who  are  already  in  the  receipt  of  additional  pay  of 
Id.  a-day  for  length  of  service,  may,  on  relinquishing  their  right  to 
additional  pay,  continue  to  receive  the  same  amount  as  good-con- 
duct pay,  provided  their  names  shall  not  have  been  entered  in  the 
regimental  defaulter's  book  for  at  least  two  years  immediately  pre- 
ceding the  exchange. 

25.  Soldiers  not  yet  in  the  receipt  of  additional  pay  for  length  of 
service,  may,  by  relinquishing  their  right  to  the  same,  receive  good- 
conduct  pay,  on  completing  the  respective  periods  of  seven,  fourteen, 
twenty-one,  and  twenty-eight  years,  provided  their  names  shall  not 
have  been  entered  in  the  regimental  defaulter's  hook — in  the  first 
case,  for  at  least  two  years;  in  the  second  case,  for  at  least  four 
years;  in  the  third  case,  for  at  least  six  years;  and,  in  the  fourth 
case,  for  at  least  eight  ye-irs,  immediately  preceding. 

26.  In  establishing  their  claims  to  the  good-conduct  pay,  sol- 
diers who  were  present  at  the  battle  of  Waterloo,  shall  be  allowed 
to  reckon  two  years  in  addition  to  their  actual  service,  and  those 
who  were  enlisted  before  the  first  December,  1S39,  shall  be  allowed 
to  reckon  three  years  for  two  of  actual  service,  after  the  a^e  of 
eighteen,  in  the  East  and  West  Indies,  (in  other  than  West  India 
regiments,)  but  in  claiming  their  discharge  under  the  eleventh 
article  actual  service  only  will  be  reckoned. 


GOOD-CONDUCT  WARRANT  1839.  201 

27.  Soldiers  enlisted  before  the  first  September,  1836,  shall  be 
entitled  to  distinguishing  marks,  whether  they  accept  or  not  the 
option  of  relinquishing  additional  pay  for  good-conduct  pay,  and 
they  shall  be  entitled  to  the  same  addition  to  their  pension  for  the 
number  of  distinguishing  marks  they  may  severally  possess  at  the 
period  of  their  discharge,  as  is  allowed  to  men  in  receipt  of  good- 
conduct  pay. 

Given  at  our  court  at  Buckingham  Palace,  this  ninth  day  of 
May,  1839,  in  the  second  year  of  our  reign. — By  her  majes- 
ty's command, 

HOWICK. 

The  words  in  italics  in  the  13th,  \6th,  and  26th  articles  are  not 
in  the  good-conduct  warrant  of  May,  1837. 

The  administration  of  this  warrant,  especially  its  penal  enact- 
ments, depends  much  upon  the  discretion  of  the  commanding  officer 
of  a  corps,  who  is  the  primary  arbiter  and  judge  in  regard  to  the 
delinquencies  of  the  men  under  his  command.  It  may  be  antici- 
pated that  it  will  be  very  differently  administered  by  different 
individuals.  Some  commanding  officers  may  rarely  deem  it 
expedient  to  subject  men  "  to  any  punishment  beyond  simple 
admonition,"  while  others  will  think  that  they  are  under  "the 
necessity  of  recording  a  soldier's  name  in  the  regimental  default- 
er's book"  for  very  trivial  faults.  Where  offences  are  not  classed, 
and  the  requisite  punishments  more  or  less  defined,  there  is  no 
absolute  security  against  very  different  notions  being  entertained  of 
the  conduct  of  soldiers,  and  widely  different  punishments  inflicted 
for  similar  breaches  of  discipline. 

The  defaulter's  book  is  intended  to  contain  the  names  of  such 
men  as  are  guilty  of  offences  and  irregularities,  on  account  of  which 
they  are  reported  to  the  commanding  officer,  and  for  which  it  may 
not  be  deemed  necessary  to  order  a  court-martial.  The  insertion 
of  a  name  in  the  defaulter's  book  may,  in  its  consequences,  be  a 
very  heavy  penalty,  being  taken  as  evidence  of  the  fact  which  it 
professes  to  record.  The  proof,  therefore,  of  the  guilt  of  a  soldier 
does  not  rest  on  oath  ;  it  is  simply  an  entry  made  according  to  the 
decision,  and  by  the  direction,  of  a  commanding  officer.  (Articles 
of  War,  1830,  art.  51.)  In  this  case,  therefore,  a  considerable 
deviation  is  made  from  the  usual  rules  of  evidence. 

I  hail  with  much  pleasure  any  attempt  to  improve  the  condition, 
and  to  promote  the  good  conduct  of  soldiers,  and  I  sincerely  wish 
the  good-conduct  warrant  may  be  ultimately  beneficial  in  repressing 
irregularities.  Much  still  requires  to  be  done  in  furtherance  of  the 
leading  object  of  the  warrant.  Should  the  army  become  more 
popular,  by  bettering  the  situation,  and  stimulating  the  hopes  of 
soldiers,  perhaps  a  somewhat  superior  class  of  recruits  may  volun- 
teer for  the  service.  Young  men  who  have,  under  the  direction  of 
their  parents,  received  some  elementary  instruction,  are  likely  to  be 
better  conducted  than  soldiers  whose  parents  have  given  them  no 


202  MARSHALL  ON  THE   ENLISTING,   ETC.  OF  SOLDIERS. 

early  tuition  ;  for  it  may  in  general  he  inferred,  that  those  persons 
who  are  best  instructed  in  reading  and  writing  are  best  instructed 
in  morals.  The  ultimate  object  of  education,  is  to  make  men  better 
and  more  useful  members  of  society.  I  am  also  in  hopes  that 
increased  attention  may  be  paid  to  the  tuition  of  soldiers  in  the 
regimental  schools.  An  important  step  has  already  been  made  on 
this  subject  by  Lord  Howick,  as  in  the  army  estimates  for  1839- 
1840,  a  charge  for  the  first  time  appears,  of  £2000  to  be  expended 
in  the  purchase  of  books,  for  the  purpose  of  forming  libraries  in 
barracks  at  home  and  abroad.  In  civil  life  there  is  a  great  lack  of 
instruction,  probably  arising  in  part  from  a  want  of  leisure  to  attend 
school,  and  a  \vant  of  means  to  pay  for  education;  but  these 
obstructions  to  the  attainment  of  information  do  not  exist  to  an 
equal  degree  in  the  army.  Education,  more  especially  a  moral  and 
religious  education,  is  eminently  calculated  to  make  men  respect- 
able;  it  inculcates  sound  principles,  and,  by  instructing  them  in 
regard  to  their  position  in  society,  contributes  greatly  to  render 
them  obedient  to  the  laws.  Notwithstanding  the  indiscriminate 
admission  of  recruits  into  tin;  army,  in  as  far  as  instruction  and 
moral  character  are  concerned,  every  regiment  contains  many 
excellent  and  deserving  individuals — men  who  would  have  distin- 
guished themselves  if  they  had  received  a  moderate  degree  of 
education  in  the  youthful  period  of  life,  and  had  been  placed  in 
situations  where  their  talents  might  have  been  properly  exercised 
and  cultivated.  The  manual  labour  class  of  society  are  endowed 
with  similar  capabilities  of  education  with  the  class  above  them, 
with  the  like  faculties  for  the  acquisition  of  knowledge  and  moral 
elevation.  The  late  zealous  and  experienced  Dr.  Jackson  said, 
"The  soldier  has  no  liberty  to  exercise  his  mind  ;  and  as  no  man 
can  be  great,  or  even  good,  without  exercise  of  mind,  it  is  worthy 
of  the  consideration  of  the  wise  to  determine  how  much  intellectual 
liberty  may  be  permitted  to  the  soldier,  without  danger  to  the 
sovereign  authority." 

Whether  some  system  of  rewards  to  the  good  and  well-behaved 
soldier  may  not  improve  the  moral  character  of  the  army,  so  as  to 
render  corporal  punishment  unnecessary,  or  still  less  so  than  at 
present,  is  a  difficult  problem  to  solve,  and  one  which  does  not 
belong  to  my  subject.  His  majesty's  commissioners  for  inquiring 
into  the  system  of  military  punishments  in  the  army,  state  I  hat, 
during  their  investigation,  they  found  ample  evidence  of  the  earnest 
desire,  and  the  most  strenuous  efforts  upon  the  part  of  the  officers 
of  all  ranks,  so  to  conduct  the  discipline  of  the  army,  as  to  render 
corporal  punishment  as  rare  as  possible;  and  the  following  statis- 
tical facts  bear  evidence  of  the  gradual  reduction  of  that  description 
of  punishment  of  late  years. 

For  a  period  of  thirty-two  years,  or  from  1797  to  1828,  inclusive, 
the  mean  monthly  ratio  of  punished  men  in  hospital  among  the 
troops  in  Ireland,  was  TV  man  per  1000.  Now,  if,  as  we  may  pre- 
sume, the  mean  period  during  which  each  punished  man  remained 


GOOD-CONDUCT  WARRANT  1839. 


203 


in  hospital,  was  about  seven  or  eight  days,  we  may  suppose,  that 
four  men  per  1000  were  punished  monthly,  or  48  per  annum;  con- 
sequently, on  an  average,  one  man  in  20  was  punished  annually. 
The  following  table  exhibits  a  great  diminution  of  the  number  of 
punishments  among  the  troops  employed  in  some  foreign  com- 
mands. 


£ 

Annual  ratio  of  cor. 

:: 

poral  punishments  per 

Mean 

Period  of 

£ 

000 

p'opor- 

Punished 

Stations. 

Observation.    j*r 

First  year 

c    Last  year 

tion  of 

in  IfcO. 

o 

of  the 

CO 

i: 

of  period 

men 

fc 

period. 

i 

(1S36. 

punished. 

Windward  and  > 
Leeward  Com.  $ 

1817  to  1836 

20 

72 

38 

6 

I  in  26 

1  in  166 

Jamaica 

1817  to  1836  20 

193 

34 

8 

1  in  15 

1  in  125 

Gibraltar 

1818  to  1836  19 

14 

16 

7 

1  in  62 

I  in  143 

Malta 

1817  to  183620 

65 

40 

18 

1  in  25 

1  in    55 

Ionian  Islands 

1817  to  183620 

56 

37 

8 

1  in  27 

1  in  125 

Bermudas     - 

1817  to  183620 

64 

59 

5 

1  in  17 

1  in  200 

Canada 

1817  to  183620 

80 

32 

3 

1  in  31 

1  in  333 

Nova  Scotia  &  > 
N.  Brunswick    $ 

1817  to  1836 

20 

65 

31 

12 

1  in  32 

1  in    83 

This  table  shows  that  a  very  remarkable  reduction  of  the  ratio 
of  corporal  punishments  has  taken  place  in  all  the  stations,  but  in 
none  to  such  an  extent  as  in  Jamaica, — the  number  punished  in 
1S17,  being  1  in  5  of  the  strength,  and  in  1836.,  only  1  in  125. 

Statement  showing  the  establishment  of  the  British  army,  and  the 
number  of  corporal  punishments  which  were  inflicted  for  a  period 
often  years,  or  from  1825  to  1834. 


Number  of 

Annual  ratio 

corporal  pun- 

of punish- 

Proportion 

Years. 

Strength. 

ishments  in- 

ments per 

of  men 

flicted. 

1000. 

punished. 

1825 

98,948 

1737 

17 

1  in    59 

1826 

111,058 

2242 

20 

1  in    50 

1827 

111,107 

2291 

20 

1  in    50 

1828 

110.918 

2143 

19 

1  in    52 

1829 

103,749 

1748 

17 

L  in    59 

1830 

103,374 

1754 

17 

1  in    59 

1831 

103,413 

1489 

14 

lin    71 

1832 

103,572 

1283 

12 

1  in    83 

1833 

103,527 

1007 

9 

1  in  111 

1834 

103,063 

963 

9 

1  in  111 

From  this  statement  it  appears  that  the  number  of  corporal 
punishments  was  reduced  on  an  average  from  about  20  per  1000; 
to  10  or  one-half  during  the  above  period  often  years. 


203 


NOTES  AND  ILLUSTRATIONS. 


NOTE  I.  see  page  147. 
Diet  table  of  the  pensioners  in  Chelsea  hospital. 

Breakfast  at  8  A.  M.  A  pint  of  cocoa  containing  three-quarters  of 
an  ounce  of  ground  cocoa;  three  quarters  of  an  ounce  of  moist 
sugar;  one-third  of  a  gill  of  milk;  sixteen  ounces  of  bread. 

Dinner  at  12  noon. — A  pint  of  broth  ;  thirteen  ounces  of  meat  from 
which  the  broth  has  been  made,  with  one  pound  of  potatoes.  There 
is  a  certain  quantity  of  oatmeal  put  into  the  broth,  amounting  to 
about  one  pound  and  a  quarter  per  man  monthly. 

Each  man  has  also  one  pound  of  cheese,  and  two  ounces  of  butter 
weekly,  and  one  and  a  half  pint  of  porter  daily.  Salt  and  mustard 
are  provided  ad  libitum. 

Once  in  three  weeks  each  man  has  roast  instead  of  boiled  meat. 

Hotel  des  Invalides  and  Chelsea  Hospital. 

"The  Hotel  des  Invalides  is  altogether  a  fine  structure,  and  well 
calculated  for  the  purpose  of  an  asylum  fora  portion  of  the  disabled 
and  wounded  men  of  an  army;  but  I  must  confess,  in  going 
through  this  building,  as  well  as  in  some  visits  I  have  paid  to  Chel- 
sea, I  had  not  that  sort  of  satisfactory  feeling  which  many  pe  rsons 
have  expressed  on  the  same  occasion.  To  me  there  appeared  a  sort 
of  monotony,  of  inertness,  and  melancholy,  that  pervaded  both  the 
places  and  their  inhabitants,  difficult  to  describe  by  words.  The 
same  constant,  dull  routine  of  mere  animal  existence,  unchequered 
with  any  accident  that  can  raise  the  mind  from  the  torpor  of  a  life 
of  consummate  idleness ;  it  gives  a  dull  and  stupified  air  to  the  in- 
mates, which  I  suspect  is  never  thrown  off,  except  under  the  stim- 
ulus of  wine  or  beer ; — a  man  has  nothing  to  do  in  the  world,  but 
recollect  the  number  of  his  mess,  and  look  after  his  eating  and  drink- 
ing utensils.  I  went  several  times  into  the  library  of  les  invalides, 


NOTES  AND  ILLUSTRATIONS.  205 

in  search  of  rare  military  books,  and  never  saw  above  two  or  three 
of  the  pensioners  there  at  a  time.  It  would  appear  that  even  read- 
ing to  those  who  were  capable  was  too  great  an  exertion  ;  and  the 
summuni  bonum  of  life  seemed  to  consist  in  basking  on  a  bench  in 
the  stin,  and  turning  over  the  gravel  with  the  point  of  a  stick. 

"I  have  often  thought,  that,  had  I  been  placed  in  similar  circum- 
stances, and  had  merited  pension,  how  much  more  I  should  have 
preferred  having  my  shilling  a  day  to  do  what  I  liked  with,  and  go 
where  I  pleased,  to  be  locked  up  in  a  palace,  and  regularly  fed  and 
put  to  bed,  like  an  animal  in  a  menagerie,  in  place  of  repeating  a 
twenty  times  told  tale  to  the  same  circle  of  acquaintance,  or  listening 
to  theirs,  to  wander  about  in  search  of  relations,  or  long  lost  friends 
settled  in  trade  or  business,  and  to  their  attentive  ears  give  the  his- 
tory of  a  chequered  life,  and  fight  battles  o'er  again. 

"  I  have  no  intention  to  depreciate  the  establishments  of  the  Inva- 
lids or  Chelsea,  as  national  charities,  but  merely  to  say  that  they  are 
somewhat  overrated. 

"  Neither  of  them  is  capable,  in  time  of  war,  of  receiving  one 
fourth  or  one  fifth  of  those  who  have  claims  on  them;  and  I  would 
therefore  suggest  that  these  buildings  should  be  devoted  to  those 
who  have  no  friends  or  relations  alive." — Cogitations  of  a  Vaga- 
bond, by  authority  of  the  king's  commission,  <$*c. — 1833. 

Vaidy,  a  French  surgeon,  who  has  published'an  excellent  article 
in  the  Dictionnaire  des  Scietices  Medicates,  on  the  means  of  pre- 
serving the  health  of  soldiers,  recommends  that  the  invalids  who 
have  n  right  to  be  admitted  to  the  Hotel  des  Invalides  should  be 
awarded  a  pension  equal  to  four  fifths  or  three  fourths  of  the  ave- 
rage expense  of  the  establishment.  Thus,  if  the  mean  annual  ex- 
pense be  600  francs,  (£24,)  they  might  receive  500  or  400  francs, 
(£20,  or  £IG.)  by  which  means,  he  asserts,  that  the  expense  of  re- 
munerating worn-out  soldiers  would  be  greatly  reduced  without 
diminishing  the  comforts  of  veteran  pensioners. 

NOTE  II. 

Recruiting  of  the  Army  and  medical  examination  of  Recruits. 

By  the  ancient  form  of  levying  soldiers  in  England,  every  person 
having  any  office,  fee,  or  annuity,  of  the  king's  grant,  was  person- 
ally to  attend  upon  him  when  he  went  to  the  field  in  time  of  war, 
and  individuals  who  neglected  to  do  so,  forfeited  their  office,  fee,  or 
annuity.  The  mutual  inconveniences  attendant  on  the  nature  of 
military  services  due  from  those  who  held  feudal  tenures  of  the 
crown,  disposed  both  parties  to  consent  to  frequent  commutation  of 
money  for  service.  By  this  means  a  revenue  was  acquired,  which 
was  expended  in  the  hire  of  native  born  subjects  to  serve  in  the 
army.  The  king  covenanted  with  influential  persons  to  serve  him 
9 — a  14  mar 


206  MARSHALL  ON  THE  ENLISTING,   ETC.  OF  SOLDIERS. 

with  a  certain  number  of  followers  for  a  specific  sum  of  money 
during  each  enterprise.  When  Henry  V.  was  about  to  invade  France, 
he  engaged  by  indenture  the  attendance  of  one  surgeon,  a  certain 
John  or  Thomas  Morstede,  having  in  his  company  fifteen  assistants, 
three  of  which  were  to  act  as  archers.  Notwithstanding  this  pre- 
caution, there  was  only  one  surgeon  at  the  battle  of  Agincourt,  (25th 
October,  1415,)  namely,  Morstede  himself,  for  the  fifteen  assistants 
he  had  pressed  under  a  royal  warrant,  had  not  joined  the  army, — 
indeed  they  had  not  landed.  Surgeons  were  at  that  time,  and  for 
two  hundred  years  after,  liable  to  impressment,  and  in  early  ages 
they  seem  to  have  been  under  the  necessity  of  making:  some  of  their 
own  instruments  ;  for  in  1416,  the  king  commanded  Morstede  and 
Bredewerdyu,  his  own  surgeon,  to  take  (press)  as  many  surgeons 
and  other  artisans  as  were  needful  to  make  the  instruments  required. 
Until  towards  the  end  of  the  17th  century  the  supply  of  medical 
recruits  for  the  army  appears  to  have  been  very  inadequate  for  the 
wants  of  the  service.  The  barber-surgeons'  company  was  com- 
manded in  1626,  to  provide  sixteen  of  the  best  surgeons  for  his 
majesty's  army  ;  and  in  1630  the  surgeons'  company  wasernpowered 
by  charter  to  take  (press)  as  many  barbers  and  surgeons  in  any  part 
of  England  as  were  required  for  his  majesty's  fleet. — (Medical  Al- 
manack, 1839.) 

In  the  year  1641,  a  bill  was  passed,  which,  after  reciting  that,  by 
the  laws  of  the  realm,  none  of  his  majesty's  subjects  ought  to  be  im- 
pressed, or  compelled  to  go  out  of  their  own  country  to  serve  as  sol- 
diers, except  in  urgent  necessity,  or  in  case  of  their  being  bound  by 
tenure  of  lands  to  do  so,  enacted,  that,  for  service  in  Ireland,  it  should 
be  lawful  from  the  1st  of  December,  1641,  to  the  1st  November, 
1642,  for  the  justices,  &c.  to  raise  as  many  men  by  impress  for 
soldiers,  gunners,  and  chintrgeons  as  might  he  appointed  by  his  ma- 
jesty, and  both  houses  of  parliament.  When  the  army  was  about  to 
be  disbanded  in  1649.  an  assurance  was  given  by  parliament,  that 
"no  person  who  had  been  engaged  in  the^late  war  should  be  liable 
to  be  pressed  for  the  service  beyond  sea."  The  old  soldiers  do  not, 
however,  appear  to  have  been  exempted  from  compulsory  military 
service  at  home. 

There  was  an  act  of  parliament  passed  in  the  third  year  of  the 
reign  of  Q,ueen  Anne,  (1704,)  and  annually  renewed  for  a  long 
time,  appointing  all  justices  of  the  peace,  &c.  to  raise  (press)  such 
able  bodied  men  as  have  no  lawful  calling  or  visible  means  of  live- 
lihood, to  serve  as  soldiers.  The  acts  against  mutiny  and  desertion 
having  been  read  to  the  pressed  men,  they  received  20s.  of  earnest, 
and  were  thenceforth  considered  soldiers.  The  practical  mode  of  car- 
rying this  act  into  operation,  may  be  inferred  from  some  passages  in 
Farquhar's  play  of  the  Recruiting  Officer,  which  was  acted  in  1705. 


NOTES  AND  ILLUSTRATIONS.  207 

Act.  II.    Scene  III. 
Enter  Kite  with  two  recruits  drunk. 

Kite. — Yon  are  a  kins: — you  are  an  emperor,  and  I  am  a  prince. 

Thomas. — No,  serjeant,  I'll  be  no  emperor. 

Kite.—Ko  ! 

Thomas. — I'll  be  a  justice  of  peace. 

Kile. — A  justice  of  peace  man  ! 

T/tomas. — Ay  Wauns,  Will,  I — for  since  this  pressing  act  they 
are  greater  than  any  emperor  under  the  sun. 

Act  V.     Scene  IV. 

A  court  of  Justice—Balance,  Scale  and  Scruple  upon  the  bench, 
Constable,  Kite,  Mob. 

Balance. — What  are  you  friend  ? 

Mob. — A  collier — I  work  in  the  coal-pits. 

Scruple. — Look'e  gentlemen,  this  fellow  has  a  trade,  and  the  act 
of  parliament  here  expresses  that  we  are  to  impress  no  man  that  has 
any  visible  means  of  livelihood. 

Kile. — May  it  please  your  worship,  this  man  has  no  visible  means 
of  a  livelihood,  for  he  works  tinder  ground. 

Balance. — Right. — Bring  in  the  rest. 

Constable. — There  are  no  more,  an't  please  your  honour. 

Balance. — There  were  five  two  hours  a^o. 

Sylvia. — 'Tis  true  sir;  but  this  rogue  of  a  constable  let  the  rest 
escape  for  a  bribe  of  eleven  shillings  a  man,  because  he  said  the  act 
allowed  him  but  ten,  so  the  odd  shilling  was  clear  gain. 

Mr.  Bruce,  in  his  work  on  the  Institutions  of  Military  Law, 
published  in  1717,  recommends  that  an  army  should  not  be  "alto- 
gether pressed,  nor  altogether  volunteers.'1'1  "A  middle  way,"  he 
says,  "  is  likest  to  succeed,  viz.  neither  too  forcible  on  the  one  hand, 
nor  too  frank  on  the  other;  for  a  method  ihus  wisely  tempered  be- 
twixtjfazV  and  foul  means  can  scarce  ever  make  a  government  run 
(he  hazard  of  discontent,  far  less  of  mutinies  and  disorders.  In  this 
island  we  do  indeed  compel,  yet  not  all  promiscuously,  but  only 
idle  vagabonds,  and  such  as  have  no  employment,  or  are  guilty  of 
smaller  crimes.  But  as  to  voluntary  listing,  captains  and  ofher  offi- 
cers do  commonly  receive  warrants  to  beat  up  drums  in  every  city, 
and  thereby  all  are  invited  to  list  themselves  under  pay,  which  who- 
soever doth,  he  is,  after  receiving  earnest,  solemnly  attested  by  a 
a  magistrate,  and  is  thenceforth  looked  upon  as  a  soldier."  Mr.  Bruce 
being  an  advocate,  was  no  doubt  profoundly  learned  in  the  law ; 


208          MARSHALL  ON  THE  ENLISTING,  ETC.  OF  SOLDIERS. 

but  he  seems  to  have  entertained  very  queer  notions  in  regard  to  the 
rights  of  individuals. 

Enlisting  money,  which  is,  I  believe,  peculiar  to  this  country, 
appears  to  be  equivalent  to  an  earnest  or  early  penny — a  pledge  that 
the  parties  intend  to  fulfil  the  agreement. 

During  the  last  century,  various  acts  of  parliament  were  passed, 
authorising  the  justices  of  peace  to  press  men  for  the  army.  In 
1778,  an  act  was  passed  for  the  more  easy  and  better  recruiting  of 
his  majesty's  land  forces,  which  renewed  the  power  of  the  justices 
and  commissioners  of  the  land  tax  to  do  so.  No  class  of  individuals 
were  specifically  exempted  from  being  pressed,  except  persons  who 
had  a  right  to  vote  for  a  member  of  parliament,  labourers  during 
harvest,  and  "known  Papists."  The  inhabitants  of  the  different 
parishes  were  to  receive  ten  shillings  for  giving  information  of  any 
able-bodied  man  who  was  in  consequence  thereby  apprehended.  By 
former  acts  the  reward  offered  was  £1.  This  recruiting  act  was 
put  in  operation  by  a  letter  from  the  war  office,  bearing  date  June. 
1778. 

In  1778.  an  inspector  general  of  recruiting  was  appointed,  who 
seems  to  have  had  the  charge  of  the  recruiting  of  the  regiments  on 
foreign  service,  his  head  quarters  being  at  Chatham;  and  I  presume 
a  surgeon  was  attached  to  his  staff  to  examine  the  recruits.  The 
regiments  at  home  were  instructed  to  enlist  men  to  fill  up  the  va- 
cancies which  occurred  in  corps. 

Dr.  Hamilton  (Duties  of  a  Regimental  Surgeon  considered, 
1782,)  is,  so  far  as  I  know,  the  first  medical  author  who  alludes  to 
the  duty  of  examining  recruits.  It  does  not,  however,  appear  that 
recruits  were  generally  examined  by  a  medical  officer  before  1790. 
Mr.  Reide,  surgeon  to  the  1st  battalion  of  the  1st,  or  royal  regiment 
of  foot,  in  his  work,  (A  View  of  the  Diseases  of  the  Anny^  $'C. 
1793,)  complains  in  his  journal,  ( West  Indies,  January,  171JO,)  of 
the  unfitness  of  recruits  who  had  been  sent  to  the  regiment  to  which 
he  then  belonged.  "I  wrote,"  says  he,  "to  the  late  Mr.  Adair,  sur- 
geon-general, informing  him,  that,  of  seventy-four  men  which  ar- 
rived in  December  last,  fifteen  or  sixteen  were  totally  incapable  of 
doing  duty,  on  account  of  lameness,  ruptures,  contracted  joints, 
consumption,  epilepsies,  ulcers  on  the  Ings,  and  other  maladies. 
When  I  examined  these  men  on  their  arrival,  I  inquired  whether 
any  surgeon  had  seen  them;  they  answered  in  the  negative.  To 
the  present  surgeon-general  (John  Hunter,  .Esq.)  I  likewise  com 
plained  of  the  circumstance,  and  since  that  a  stop  has  been  put  to 
the  evil." 

Until  about  the  year  1799,  every  person  who  enlisted  was  obliged 
to  swear  that  he  was  a  Protestant,  consequently,  a  Roman  Catholic 
cqiild  not  beco.ne  a  soldier  without  perjuring  himself.  Dr.  Bel!, 
Ibfmerly  surgeon  to  the  5th  regiment,  makes  a  strong  appeal  on  the 
subject  of  religious  disabilities:  "Shall  an  infamous  vagabond," 
sa.y&  he,  "unacquainted  with  every  principle  of  religion,  who  has 
been  tried  at  the  Old  Bailey,  and  convicted  of  various  acts  of  deprcda- 


NOTES  AND  ILLUSTRATIONS-  200 

tion  on  society,  be  exempted  from  the  punishment  of  liis  crimes, 
provided  he  agreed  to  serve  his  majesty  as  a  soldier?  and  shall  a 
Roman  Catholic,  however  virtuous,  however  respectable,  a  subject 
of  Great  Britain,  be  prevented  from  entering  into  the  service  of  his 
country,  because  he  believes  in  the  doctrine  of  transubstantialion, 
in  proportion  to  the  reverence  every  sensible  Episcopalian  enter- 
tains for  that  very  wise,  pious,  and  charitable,  though  rather  enig- 
matical compound,  the  Athanasian  Creed!" — (Inquiry  into  the 
Causes  which  produce  Diseases  in  the  West  Indies,  by  Dr.  Bell, 
Lond.  1791,  page  178.) 

By  a  warrant  which  was  issued  from  the  war  office,  bearing  date 
27th  October,  1790,  the  commanding  officers  of  regiments  serving 
abroad,  who  took  upon  themselves  the  approbation  of  recruits  for 
their  own  corps,  were  directed  to  "require,  and  receive  sufficient 
chirurgical  testimony  respecting  the  same."  And  by  the  regula- 
tions for  conducting  the  recruiting  service,  issued  in  1796,  a  hos- 
pital mate  was  placed  under  the  orders  of  each  field  officer  of  a  re- 
cruiiing  district,  to  examine  the  recruits  when  brought  for  inspec- 
tion. In  1799,  an  order  was  issued  directing  that  the  chirurgical 
testimony  of  the  fitness  of  a  recruit  should  be  certified  on  the  back 
of  each  altesfalion.  I  do  not  know  when  a  form  of  attestation, 
which  contained  a  certificate  of  fitness  for  the  signature  of  a  medical 
officer  was  introduced,  nor  have  I  been  able  to  ascertain  at  what 
date  a  medical  examination  became  usual,  or  in  some  measure  in- 
dispensable. In  1805,  the  commanding  officer  of  a  regiment  was 
tried  by  a  court-martial  for  approving  of  a  recruit  who  had  been  re- 
jected by  the  surgeon  of  the  corps,  but  he  was  acquitted.  The  ap- 
proval of  a  recruit  by  a  medical  officer  relieves  a  commanding  officer 
of  great  responsibility;  and  on  that  account  he  should,  and  no  doubt 
will,  be  very  cautious  in  enlisting  a  man  who  has  not  been  found  fit 
for  the  service  by  competent  medical  authority.  For  a  long  time 
past,  I  believe  no  recruit  has  been  admitted  into  the  army  without 
undergoing  a  medical  examination;  but  an  approval  by  a  medical 
officer  of  the  corps  to  which  a  man  belongs,  although  usual,  does 
not  appear  to  be  indispensable. 

A  new  class  of  medical  officers  was  appointed  in  1802,  namely, 
district  surgeons,  who  were  employed  in  Great  Britain  and  Ireland 
in  the  recruiting  districts  to  examine  recruits.  They  were  usually 
selected  from  old  regimental  or  staff-surgeons  or  apothecaries, 
but  sometimes  vacancies  were  filled  up  from  the  rank  of  assistant 
surgeons.  Their  pay  was  ten  shillings  a  day  without  allowances. 
Twenty-six  district  surgeons  were  employed  in  Ib08.  In  conse- 
quence of  the  recommendation  of  a  board  of  officers  assembled  in 
1809,  to  take  into  consideration  the  state  of  the  medical  department, 
an  order  was  issued  from  the  Horse  Guards,  February,  1810,  direct- 
ing that  the  employment  of  staff-surgeons  should  supersede  that  of 
district  surgeons  in  the  duties  of  recruiting  districts;  but  this 
regulation  was  not  to  take  effect,  except  as  vacancies  occurred. 
A  staff-surgeon  was  not  appointed  to  the  Dublin  district  until  1816. 


210  MARSHALL  ON  THE  ENLISTING,  ETC.  OF  SOLDIERS. 

Dr.  Hennen,  who  published  the  second  edition  of  his  work  on 
Military  Surgery  in  1820,  states  that  the  regulations  for  the  instruc- 
tion of  medical  officers  connected  with  the  recruiting  department, 
contained  litile  or  nothing  to  guide  them  in  dubious  cases,  and  that 
consequently  much  was  left  to  their  own  discretion  ;  hence,  he  adds, 
very  striking  differences  of  opinion  take  place  between  the  examin- 
ing officers  as  to  the  fitness  of  recruits  for  service,  and  as  the  ex- 
penses incurred  for  recruits  who  are  ultimately  found  fit  for  the 
army,  fall  upon  the  first  medical  examiner,  he  often  finds  that  he  is 
a  considerable  pecuniary  sufferer,  by  his  carelessness,  his  ignorance. 
or  his  good  nature. 

In  1824,  a  new  code  of  regulations  to  medical  officers,  in  regard 
to  the  inspection  of  recruits,  was  promulgated  by  the  medical  de- 
partment, and  on  the  30th  July.  1830.  the  existing  instructions  were 
issued. 


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